New crisis kids -- HR 3920

[Emperor_Norton_II]

Gang of GOP congresscritters have dropped this little beauty on the House floor:

http://thomas.loc.gov/home/gpoxmlc108/h3920_ih.xml

IN THE HOUSE OF REPRESENTATIVES

March 9, 2004


Mr. Lewis of Kentucky (for himself, Mr. DeMint, Mr. Everett, Mr. Pombo, Mr. Coble, Mr. Collins, Mr. Goode, Mr. Pitts, Mr. Franks of Arizona, Mr. Hefley, Mr. Doolittle, and Mr. Kingston) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

--------------------------------------------------------------------------------

A BILL

To allow Congress to reverse the judgments of the United States Supreme Court.

...see, 'cause there's a snowball's chance in Hell that the Court will declare DOMA unconstitutional, therefore we need to negate the judicial branch of the United States.

Okay, it's ugly and it's evil. We've established that. Now, this is what I suggest:

I don't want you to sit on your hands here and moan "oh, how EEEEEVILLL these Repugs are! Woe! Woe!" Forget that drama queen shit. What I want you to do is call your representative and tell them that, as a citizen of their district, you would be best served by having HR 3920 die a quick death.

If they're up for reelection, tell them that if this bill comes up for a full vote and they for for it, you will not vote for them.

If you weren't planning on voting for them in the first place, lie.

Make your voice heard, and not here. Here it's useless, in Washington it's more powerful.

[still_one]

1. Are they trying to eliminate the seperation of powers?

[Emperor_Norton_II]

4. Essentially

It's a way for, if the SC were to rule in a way that the majority of Congress disapproved of, they could nullify it. Thus making the definition of "Constitutional" equal "Whatever we feel like."

Naturally, of course, the Supreme Court would then rule this unconstitutional.

After which follows the Second American Civil War.

[shanti]

33. that's about the size of it

:scared: as we've seen from history, americans don't take things lying down. we're still a relatively young and volatile country...

but enough is enough.

[lastknowngood]

2. Make sure to hit the "democrats" also many of the Zell Miller

types will vote for this as will any democrat who is in a close race. This is pure campaign bait as the SCOUS will shoot this down after the election, if you think there giving up any power you need to take such heavy drugs.

[DRoseDARs]

3. Anyone else hear that 'whirring' sound...

...that's the sound of the Framer's spinning in their graves. We need to find some way of connecting generators to those spinning dynamos 'cause as long as the Republicans are in power, we'll have a cheap and plentiful powersource.

[Pale_Rider]

5. What a bunch of syphilitics.

Fortunately my congresspeople have more sense and propriety. This bill will die a natural and timely death.

[indigo32]

6. I should hope so

I think mine will too... but I'll be paying attention.

[Pale_Rider]

15. Its an election year prop ...

... to make cultural war. My congresspeople are hard-core Democrats that will participate in beating (or as I suspect, ignoring) this to death. Googling, I came up with this 'News Release' from the head syphilitic Rep. Lewis (R-KY).

http://www.house.gov/apps/list/press/ky02_lewis/Activism.html

Lewis’ proposed legislation, designed to preserve equal dignity among branches of government, would only be applicable to rulings concerning the constitutionality of an Act of Congress following passage. Lewis, a strong supporter of numerous legislative measures aimed to define marriage as an exclusive union between a man and a woman, believes a more comprehensive solution is necessary to address the broader issue of activist courts; a concern he believes has troubling implications beyond just the issue of marriage.

... yada, yada, yada ... snip ...

The Congressional Accountability for Judicial Activism Act is gaining early support from numerous Member of Congress including eleven original co-sponsors. Lewis hopes his legislation will encourage serious bipartisan debate on the growing imbalance of constitutional authority between legislative and judicial branches of government.

Those numerous Member of Congress must be lining up at the door.

[guitar man]

28. This is absolute proof

"Lewis’ proposed legislation, designed to preserve equal dignity among branches of government, would only be applicable to rulings concerning the constitutionality of an Act of Congress following passage. Lewis, a strong supporter of numerous legislative measures aimed to define marriage as an exclusive union between a man and a woman, believes a more comprehensive solution is necessary to address the broader issue of activist courts; a concern he believes has troubling implications beyond just the issue of marriage."

The RW religious zealots want so badly to rule this country with an iron fist,but that pesky "Constitution" thing keeps getting in the way,and those damn "Activist Judges" won't let them get away with passing the laws they want. They don't give a shit whether the "laws" they want to enact pass Constitutional muster or not.All they know is "if we let them damn queers get married,this country will go straight to hell,hell I tell ya!"

Fuck these assholes and the horse they rode in on. If they don't want to live in this country and abide by the Constitution that made it great,they can GET THE FUCK OUT! And take this clown Lewis with them while they are at it!

[Name removed]

7. Deleted message

Message removed by moderator. Click here to review the message board rules.

[DRoseDARs]

10. Great way of getting people to see your point-of-view...

...call them a "dumbass." :eyes:

[Emperor_Norton_II]

12. I call 'em as I see 'em

I mean, if you're gonna sit on your hands on this one because you're so happily innocent as to trust your elected officials not to choke at the moment of truth, or you're too interested in which progressive group is ostracizing which other progressive group to really expend the energy well... then you are a dumbass.

Quod Erat Demonstradum, go thou and sin no more.

[ParanoidPat]

8. Maybe they'll undo the 2000 election and put Gore in charge!

I can dream can't I? :shrug: :evilgrin:

[Vladimir]

9. I don't understand

what does the second clause actually mean... I ain't a lawyer:

The Congress may, if two thirds of each House agree, reverse a judgment of the United States Supreme Court—

(1) if that judgment is handed down after the date of the enactment of this Act; and

(2) to the extent that judgment concerns the constitutionality of an Act of Congress.

V

[Emperor_Norton_II]

13. Simple terms

If Congress can get a 2/3rd majority, they can overrule a Supreme Court decision that's hand down after this becomes law and involves a law passed by Congress.

Frex, if Congress were to pass a law outlawing abortion, and the Court was to uphold Roe v. Wade and strike that law down as unconstitutional, then Congress (if 3920 was passed) could essentially override that ruling. Sort of like a veto override.

[Vladimir]

14. Thanks

my brain isn't working tonight... that is a pretty spectacular little piece of legislation. Dude, where's your country at?

V

[calimary]

30. Okay, guys, like the Emperor says - DO SOMETHING!

Check my sig line to do it for FREE.

[ThomWV]

25. Or to Put It Another Way

It means that after the date of its enactiment that if the congress were to pass a law that the court, in doing its constitutional duty, found to be unconstitutional the congress could then invoke the constitution to make constitutional that which othewise was not constitutional. In short to revoke the separaton of powers and remove its sole power from the Supreme Court. The very suggestion of this law should, of itself, be considered an act of treason.

[PaDUer]

32. ...should be considered an act of treason...

that's all this administration knows...

Is it my imagination or not...something stinks..it appears this administration is getting things SET UP for when the next disaster occurs..Remember not too long ago, they were crafting the bill for who would be in charge in case senators or whoever were wiped out and who would be in control...Now, they're doing something regarding SCOTUS control...There's a lot more of "doing" during the wee hours of the nite when we're sleeping and the media's not reporting..I'd say this is another "heads up"..

[knight_of_the_star]

11. They just seem to want to be GIVING us ammo

They want to use guilt by association, we can too. Poor GOP, we can use this against them, for it REALLY exposes what they are.

[Deja Q]

16. Have an ethical and balanced supreme court and this bullshit wouldn't be

necessary.

PERIOD.

Besides, if passed, this will just make their lives more miserable. Everybody overturning everybody else. I wish we had it back in 2000, wouldn't you agree?

[polmaven]

17. There isn't a single Representative or Senator in MA

who will even CONSIDER voting for this abomination. Can I whine now? My work is DONE!

[stepnw1f]

31. Thank you polmaven!

[ButterflyBlood]

18. don't worry

this bill is as blatantly unconstitutional as you can get. it won't stand in court for 10 minutes. only a Constitutional Amendment can give Congress such powers.

[polmaven]

19. The cute part is that

if this bill passes, Congress will then claim they have the right to over ride the SCOTUS finding of unconstitutionality...HELP!! My head is spiiiiinnning!

[Disturbed]

21. Insanity.

The mental cases that put this out should be recalled ASAP. Maybe there should be a sanity test before anyone can run for office.

[Emperor_Norton_II]

22. Try this one

http://www.theorator.com/bills108/hr3920.html

[Pale_Rider]

23. And then SCOTUS will override the Congressional override ...

... which will prompt Congress to override again. :evilgrin:

[leftchick]

20. Hey EN ... could you try another link for me?

I can't seem to view this one for some reason. Coble is my repuke Rep. in NC and I am going to givre him hell about this! :grr:

Thanks!

[ThomWV]

24. Treason

I have to believe that in sponsoring that bill each of the co-sponsors has committed treason. If not then at least they have broken their oath of office, the part where it requires that each person shall uphold the constitution.

[indigo32]

26. Kick

:kick:

[K-W]

27. Im not sure its that important a fight.

This will never pass muster in the supreme court and I really doubt that it stands a chance of passing. Declaring direct war on the supreme court isnt really a good idea.

[kimchi]

29. No; it isn't a real good idea;

but that has never stopped these treasonous bastards before. I think it is a very important fight-not everyone understands how our government works. It seems even our government doesn't understand how it works.

[MSchreader]

34. The main issue here

Is whether this bill qualifies as a "regulation", under Article III, Section 2 of the Constitution. That part states:

"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."

My guess is that this bill is an Ace card that the Federalist Society pulled out of its hat. But can this qualify as a "regulation"?

Martin

[Sugarbleus]

35. I've been reading about this "movement" aka bill

in RW Christian groups/websites. They positively HATE democracy AND the idea of Law......the supreme court to be exact.

These fundie/dominionist types (that support Bush) think that Democracy is in conflict with "God's Law". They think the supreme court should be replaced, again, with Gods Law and codes et al. Try lurking around in some of these sites and see for yourself.

It is very very scary. My letters are off to my reps asap. Thanks for posting this.

[Emperor_Norton_II]

36. Kick

Morning punt up the ladder.

Remember kids, there is a time to bitch and a time to act. This ain't the time to bitch. Get out there and start yelling at congressmen.

[Beam Me Up]

37. kick

:kick:

[polmaven]

38. Kick again!

This is a VERY important thread! This type of irresponsible usupation of power MUST BE STOPPED BEFOrE IT IS BEGUN! These people are extremely dangerous!