In last week’s article reporting on John Kasich and the Right to Life’s phony 20-week abortion bill passing and Kasich’s veto of the REAL pro-life “heartbeat” bill, I touched on their argument of the judiciary being an impediment to the “heartbeat” bill and what we can do about it. While I completely disagree with the entire premise of basing our actions on what a court may prospectively rule in the future, it does raise a troubling point about where we are as a country. We are at a point where the judiciary has gotten so powerful that a STATE Governor literally vetoed a bill out a concern that a FEDERAL court, which isn’t supposed to have jurisdiction over state laws, will one day strike down the law.
As I mentioned above, I don’t believe we should let post-constitutional judges building upon unconstitutional Stare Decisis dictate how much of our agenda we should pursue but, it still does beg the question: what do we do to address this issue? In order to solve the problem conservatives must first understand and accept that if we keep chasing the ever elusive goal of “appointing better judges” we will always lose as we are operating within the post-constitutional box the left has put us in. We must not accept the premise that all we need to do is “appoint better judges.” Instead, we must break out of the box and embrace judicial reform.
In accordance with the Judiciary Act of 1789, Congress has immense power to rein in, control and otherwise reform the district and appellate level courts as it would like. Since those courts were established by statute, they can be altered via statute. Article III of the Constitution was among the shortest and least debated articles during the Constitutional Convention as it was given the least amount of powers. As Attorney General Edmund Randolph explained in 1790,
- Limit the Jurisdiction of the Appellate and District level courts
- Congress should pass legislation in the next session stripping the inferior courts of their jurisdiction over issues mentioned above such as abortion, state voter id laws, immigration, transgender policies, etc. By doing this, Congress will be giving the states their sovereignty back from the judiciary, and will be promoting federalism by allowing states to pass their own laws regarding social policy and election integrity laws without fear of federal intervention. By passing this legislation, Congress would also be reducing the power and influence of the Supreme Court because cases of that nature would never make its way through the federal court system to begin with.
2. Abolish all Appellate Courts except the 8th
- Just as Congress has the power to limit the jurisdiction of the federal courts, they also have the power to abolish certain appellate districts. For example, the 8th circuit courts are the most consistently originalist in their rulings, Congress could pass legislation abolishing all circuit courts except the 8th thus making every appeals case regarding something like abortion go through that court where we are much more likely to see an outcome and ruling consistent with the Constitution, natural law and state sovereignty.
3. Reorganize the Appellate Courts
- Congress can pass legislation reorganizing the circuit courts to protect some red states that are consistently under attack from a radical, left wing circuit. An example of a state that could be protected by this action would be Arizona which is currently under the jurisdiction of the 9th circuit court which is consistently undermining any action they take on Immigration. Another state that could be helped by this is North Carolina, in the 4th circuit which recently had its voter id laws struck down.
For more information on the proper role of the judiciary and what actions Congress can take, I would encourage our readers to check out “Stolen Sovereignty” written by Daniel Horowitz.
Follow this author on Twitter @NYanakas