Reigning In Courts

Pat Buchanan is generally a blowhard extroidinare. In his call for a new Boston Tea Party he does make interesting point; that Congress has too rarely used it’s power to restrict judicial review.

Congress should re-enact the Defense of Marriage Act and amend it to deny the Supreme Court any right of review. Congress’ power to restrict the appellate review jurisdiction of the Supreme Court was granted in Article III of the Constitution for a purpose. This is it.

Regardless of how you feel about the DoMA, it is an interesting thought. Here is the section of Article III:

In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

Of course a set of cajones will be required to attempt a maneuver such as this, which virtually guarantees that perpetually campaigning Representatives will never consider it…

Hat Tip: OTB

Darling Nikki
Unread E-mail


  1. James Joyner November 24, 2003
  2. De Doc November 25, 2003
  3. Kevin November 25, 2003