Eagle Forum Legislative Alerts

Tuesday, September 06, 2011

Gingrich against judicial supremacy

At a Republican debate, Gingrich answered a question about a possible anti-abortion law:
NEWT GINGRICH, (R) PRESIDENTIAL CANDIDATE: Yes. And there's a reason -- it goes much deeper. There are five or six other issues, such as one nation under god, such as the right to have a cross on public land. There are a number of issues where the courts have now dramatically usurped their power.

Let me add to your Lincoln quote. Jefferson, being written about the question of whether or not there could be a Supreme Court, wrote back, that would be an oligarchy. Think about it. This is the center of American exceptionalism. We're a people of law. To be a people of law, you have to have a structure. The structure of the constitution says there's a formal way to [amend] the constitution. It's a very complicated process.

The idea that the founding fathers also meant to say oh, by the way, by a five to four vote, appointed lawyers can be the equivalent of a constitution convention is an absurdity.

All of this starts in 1958 with a Warren Court assertion of supremacy, which is profoundly wrong. The Supreme Court is supreme in the judicial branch, and the judicial branch is one of the three branches. It's the third branch mentioned in the constitution, and in the "Federalist Papers," Alexander Hamilton says explicitly it will be the weakest of the three branches.

And so I think for the Congress to begin a systematic process, one part of which is to eliminate the right of the courts to review certain things, and to recognize we're going to have a big fight with the lawyer class.
That 1958 court error is explained in The Supremacists:
The Tyranny of Judges and How to Stop It
, by Phyllis Schlafly.

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