The 112th Congress should
- reject the nomination of judicial candidates who do not appreciate that the Constitution is a document of delegated, enumerated, and thus limited powers. [Senate]
- exercise its Constitutional authority to limit judicial lawmaking
- remove judges who ignore the Constitution
- heed Thomas Jefferson's warning:
The Constitution . . . is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please.
(to Judge Spencer Roane, Sept. 6, 1819.)
The New American Magazine notes the power of Congress over the other two branches of government:
The very first sentence of the first Article of the Constitution states, “All legislative powers herein granted shall be vested in a Congress of the United States” — making that body the most powerful of the three branches of government. Neither the Presidency nor the Judiciary can make laws — except by usurpations tolerated by Congress. Congress could, for example, prohibit the federal judiciary from issuing usurping rulings in such cases as the infamous Roe v. Wade (abortion) decision simply by exercising its enumerated power to limit the jurisdiction of the federal courts (see Article III, Section 2). Also, Congress could employ its impeachment power in order to tame a corrupt and imperial President.
Congress, the Courts, and the Constitution - Cato
Remembering the Constitution
Three Branches of Government:
Executive || Legislative || Judicial
The Fourth Branch