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Republican Antics in the House
Perhaps only lawyers and civil libertarians will get as worked up over this as I am but -- yesterday the Republican majority in the House of Representatives voted to curb the jurisdiction of the Federal Courts in order to bar legal challenges to the Pledge of Allegiance. Further, the bill, HR 2389, claims to curtail the appellate jurisdiction of the US Supreme Court in pledge challenges -- although it is not clear that Congress has such power. Tweaking Federal jurisdiction is usefull, of course, only if requiring people to repeat the Pledge is Constitutionally infirm.
Of course, NY area Republican Congressmembers were in the forefront of battle on this. GOP Reps. Fossella, King, Kelly, Sweeney and Connecticut's Nancy Johnson all voted for this legal jimcrackery. (Check out, by the way, the Working Familes Blog www.wfpjournal.blogspot.com for news of a CT challenge to Ms. Johnson which appears to have some chance of success.)
That's posturing
As I understand it, under Mayberry v. Madison and the doctrine of judicial supremacy, the Congress can't exempt legislation from judicial review. That's unconstitutional on its face - separation of powers and all that.
So are signing statements
Yet the President does it all the time (it's Marbury).
Is this really the best utilization of time for the Congress right now? With wars, illegal immigration and everything else, why are they worried about the Pledge of Allegiance? Let me guess, just like Christmas the institution of marriage, the Pledge is under attack by hippie, Commie liberals....
Joshua P. Rosenstock is the Managing Editor of NewYorkHotlist.com