Ron Paul Finally Gets One Wrong
Rep. Paul has co-sponsored a bill that seeks to overturn the principles first articulated in the Magna Carta and best articulated in the U.S. Constitution. The bill at issue is the Pledge Protection Act (HR 2389), which would prohibit federal courts from hearing or deciding any case pertaining to the interpretation of the Pledge of Allegiance or its validity under the Constitution. A similar bill, prohibiting federal courts from hearing cases challenging the constitutionality of same-sex marriage bans (which Ron Paul also supported), was approved in the House last year but died in the Senate.
Does Congress have the constitutional authority to restrict the ability of federal courts to decide certain legal issues? Possibly. The U.S. Constitution states that, "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." But, Congress has never attempted to restrict the Supreme Court's jurisdiction; and it is unclear whether the Court would find such restrictions constitutional or not. What is clear is that if Congress ever finds a mechanism for insulating its actions from judicial scrutiny it will use that mechanism time and time again.
Why not pass a law prohibiting the U.S. Supreme Court from deciding whether or not the federal Controlled Substance Act is unconstitutional as applied to Oregon's "death with dignity" law? (A real case the court will soon hear.) Or outlaw handguns, while prohibiting courts from hearing cases involving the 2nd Amendment? Once Congress goes down the road of limiting the jurisdiction of federal courts over certain issues, it will gain unchecked power over our lives.
The Pledge Protection Act threatens to destroy the checks-and-balances that protect our liberties. Freedom-loving Americans should e-mail Rep. Paul and tell him to stop supporting the Pledge Protection Act (HR 2389).

