The courts so purposely humiliated Congress in the Terri Schiavo case that some U.S. representatives are finally beginning to talk back. Non-elected judges have flagrantly abused the legislative and executive functions of government for so many years that we wonder why a reaction has taken this long.
With the whole world watching, a mere probate judge in Florida thumbed his nose at a congressional subpoena and refused to comply. Then the federal judiciary closed ranks behind him, asserting its independence from and supremacy over not only an act of Congress, but even over the life of an innocent and defenseless woman.
Eleventh Circuit Judge Stanley Birch stuck in the knife, asserting that Congress unconstitutionally "invades the province of the judiciary and violates the separation of powers principle." We marvel at the chutzpah of a federal judge charging Congress with violating the separation of powers after we've endured years of judges legislating from the bench, rewriting our Constitution, distorting our history, assaulting our morals, saving vicious criminals from their just punishment, raising taxes and inflicting us with foreign laws.
When a man's honor is impugned, he can pretend he didn't hear the insult or he can come out fighting. Congress can't pretend it didn't hear Judge Birch's insult, so Congress must take action to curb the imperial action of supremacist judges.
Rep. Patrick McHenry, R-N.C., responded that we saw "a state judge completely ignore a congressional committee's subpoena and insult its intent" and "a federal court not only reject, but deride the very law that Congress passed." House Judiciary Committee Chairman Rep. James Sensenbrenner, R-Wis., who has likewise had enough, said, "Terri's will to live should serve as an inspiration and impetus for action."
Majority Leader Tom DeLay, R-Texas, spoke for Americans who believe in the Constitution when he said, "The Congress of the United States for many, many years has shirked its responsibility to hold the judiciary accountable. No longer."
Even some Democrats in Congress are dismayed by the arrogance of the judges. Adam Schiff, D-Calif., observed that "once they get on the bench, they seem to think the importance of having a relationship with the House and Senate no longer exists."
But Sen. Ted Kennedy, D-Mass., like most liberals who can't achieve their radical goals legislatively, supports judicial supremacy over Congress, the president, the Florida governor and legislature. Kennedy even tried to silence complaints by absurdly suggesting that public criticism incites violence against judges.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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