The Founders gave Congress everything necessary to take power away from a runaway federal judiciary. Congress can deprive the federal courts of power over immigration, abortion, and marriage. Congress can completely defund enforcement of bad federal court decisions that are already on the books. Congress spent months trying unsuccessfully to defund Planned Parenthood, a worthy goal, but Congress could more effectively defund enforcement of the pro-abortion and pro-homosexual marriage decisions by the judiciary without sparking a phony “war on women” debate. Congress should also defund use of taxpayer money by the Department of Justice to push the liberal agenda in liberal courts. Congress should cut back generally on funding for the courts, too, and eliminate judicial positions rather than fill some of the vacancies.
Some presidential candidates promise to work with Congress, but none of them promises to rein in the Supreme Court in the style of Justice Scalia. But none of them promises to stand up against an unconstitutional order by refusing to enforce it.
The answer is not gimmicks like a Constitutional Convention being pushed in some state legislatures – which Justice Scalia properly called a “horrible idea.” The answer is in a Congress and a new president who do their constitutional duty to limit the power of the Supreme Court to change our laws on immigration, abortion, and marriage.
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