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Kuro5hin:
Take a look at HR 3920, introduced in the U.S. House of Representatives on March 9, 2004. The bill, titled the “Congressional Accountability for Judicial Activism Act of 2004,” would grant Congress the right to overturn the decisions of the U.S. Supreme Court “to the extent that [they concern] the constitutionality of an Act of Congress.” A two-thirds majority of both houses of Congress would be required to overturn such a decision; this is the same condition applied to overturning a Presidential veto of legislation. The bill is currently in committee.
The ability to declare laws unconstitutional is an important check on the Legislature. Under the current scheme of judicial review, it is not in the best interest of the Legislature to pass laws that are likely to be immediately challenged and struck down by the Supreme Court. Any Supreme Court decision that found a law unconstitutional would be in conflict with the opinion of the Legislature. Therefore, it is likely that any such decision would be overturned under the authority granted by this bill, effectively removing the power of the Supreme Court to declare laws unconstitutional. This power grab would destroy one of the most important powers of the Judiciary in the United States.
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