the congress has no authority to limit the judiciaryGet Rating Widget!

Overall Rating:4.00 based on 4 ratings
Click here to read all Read less
(Add picture or description)

Your rating:     (Roll over your star rating, then click) (5=Great)
Notify me by email when someone comments on my review
Notify me by email when someone reviews this item

Reviews for the congress has no authority to limit the judiciary  1-3 OF 3

Browse next item:
the first amendment creates a "separation of churc
Sort items by:
lmorovan (18)
On the contrary, the Congress is the voice of the people in the Government, is elected by the people, for the people. The Congress makes the laws, not the judiciary. The judiciary has no power to void a law based on its interpretation of the Constitution. If a law is questionable, it must be returned to the Congress for revision and correction, if necessary.

  (2 voted this helpful, 3 funny and 1 agree)
GenghisTheHun (177)
Congress has the power to deny much if not most authority to the federal judiciary under the Exceptions Clause of the Article III. It has done so at least once before when it repealed part of the Habeas Corpus Act that was noted by the Supreme Court in Ex Parte McCardle. 74 U.S. 506 (1868) During the Civil War Reconstruction, William McCardle, a newspaper publisher in Vicksburg, Mississippi, and not a member of the military, published some incendiary articles. He was jailed by the military commander, who was not amused, under a law passed by the United States Congress. McCardle invoked habeas corpus in the Circuit Court of the Southern District of Mississippi. The judge sent him back into custody, finding the military actions legal under Congress's law. McCardle appealed to the Supreme Court under a congressional act of 1867 that allowed federal judges to issue writs of habeas corpus and hear appeals from circuit courts. After the case was argued Congress repealed that particular act. The Court, speaking through Chief Justice Salmon P. Chase, validated congressional withdrawal of the Court's jursdiction. The basis for this repeal was the exceptions clause of Article III Section 2. You can read the entire decision at;=74&invol;=506 The court has no jurisdiction to hear cases on appeal except that granted by Congress. All the jurisidiction that the lower federal courts has is granted by Congress. In part of single session Congress could pass acts dealing with all the stupid issues facing the nation that the federal judiciary is always immersed in. The pledge of allegiance controversy come to mind.

  (1 voted this helpful, 0 funny and 0 agree)
LanceRoxas (41)
Unfortunately congress has a vested interest in sidestepping volatile moral issues and punting them to an unelected, unacccountable branch. The current uproar over Tom Delay's statements that we should start holding the judiciary accountable is proof of the absolute failure of the system itself- people simply believe the judiciary is supreme to the other coordinated branches- it is not! Hamilton in Federalist #79 suggests the proper check to be impeachment. Hell how off have we gone now that we can't even criticize the judiciary- let alone suggest impeaching judges for usurping authority not given to it by the people's contract. Article 3 of the constitution also states that all appellate jurisdiction is derived from congress and therefore can be denied to the judiciary through the exceptions clause. This for instance would apply in an issue like the defense of traditional marriage. The congress would pass a law forbidding the judiciary from hearing cases under it through the exlusions clause protecting the authority of the people without super majority votes or amendments. When is the last time you saw congress exercise the exceptions clause?

  (2 voted this helpful, 0 funny and 0 agree)
1-3 OF 3View All
Add a rating badge for the congress has no authority to limit the judiciary to your site!
Add a rating badge to your site!