Abolishing Federal Courts and the Bill of Rights

I don’t know how many times I need to keep warning conservatives – and some libertarians (yes, I’m talking to you Ron Paul) – that passing legislation prohibiting courts from hearing cases about certain issues is a bad, bad, bad idea. Apparently I have to keep talking about this until I’m blue in the face. Via CQ.

While the Senate spends much of this week and next trying to adopt proposed constitutional amendments to address court decisions on gay marriage and flag burning that some members take issue with, the House Judiciary Committee will take a shorter path on Wednesday. The panel will mark up a bill (HR 2389) that would deny jurisdiction to federal courts over questions involving the Pledge of Allegiance.

[…]

Rather than the long and difficult route of amending the Constitution to protect the pledge, as the Senate will try to do next week with the flag, the panel will try to use Congress’ constitutional authority to set the jurisdiction of federal courts.

The bill is expected to win committee approval. But the so-called court stripping effort is likely to meet stiffer resistance later in the process from lawmakers who fear tinkering with the balance between the legislative and judicial branches.

The House passed a similar pledge measure in 2004, but the Senate did not act.

Once Congress goes down the road of limiting the jurisdiction of federal courts over certain issues, it will gain unchecked power over our lives. What’s to stop a future Congress from passing legislation enacting a nationwide ban on handguns and including a provision prohibiting courts from hearing cases about guns and the 2nd Amendment? Or passing a federal law allowing federal agencies to seize people's property and turn it over to private developers while including a provision prohibiting courts from hearing cases about eminent domain? God, Republicans in Congress are so stupid.