LJ-SEC: (ORIGINALLY POSTED BY sunfell)

From the NYT Op-ed pages:The theocrats continue to chip away at the courts...

Congress Assaults the Courts, Again
June 18, 2005

The House of Representatives took a little- noticed but dangerous swipe at the power of the courts this week. It passed an amendment to a budget bill that would bar money from being spent to enforce a federal court ruling regarding the Ten Commandments. The vote threatens the judiciary's long-acknowledged position as the final arbiter of the Constitution. It is important that this amendment be removed before the bill becomes law.

During consideration of an appropriations bill for the Departments of State, Justice and Commerce, Representative John Hostettler, Republican of Indiana, introduced an amendment to prohibit any funds from being used to enforce Russelburg v. Gibson County. In that case, a federal court ruled that a courthouse Ten Commandments display violated the First Amendment and had to be removed. Mr. Hostettler declared that the ruling was unconstitutional, and inconsistent with "the Christian heritage of the United States."[emphasis mine- ed]

Since the Supreme Court decided Marbury v. Madison in 1803, it has been clearly established that the courts have the ultimate power to interpret the Constitution. But right-wing ideologues, unhappy with some of the courts' rulings, have begun to question this principle as part of a broader war on the federal judiciary. The amendment that passed this week reflected an effort to use Congress's power to stop the courts from standing up for the First Amendment and other constitutional principles.

The budget amendment was truly radical. The genius of the American system is that the founders carefully balanced power among three coequal branches. Mr. Hostettler's amendment would throw out this brilliant structure, and 200 years of constitutional history, and make Congress the final interpreter of the Constitution. If the amendment succeeded, Congress would no doubt begin designating other cases and constitutional doctrines the courts would be barred from enforcing.

There is little doubt that if the amendment became law it would itself be held unconstitutional, but it should not reach that point. The Senate should show the responsibility, and respect for the founders' vision, that the House did not and excise this offensive provision.