Congress can rein in the courts.Last spring, Rep. Tom Feeney (R-Fla.) attached an amendment to the Amber Alert child protection measure instructing the United States Sentencing Commission The United States Sentencing Commission is an independent agency of the Judicial Branch of the United States Government and is responsible for the policy of the sentencing United States Federal Courts. to scrutinize the records of federal judges who habitually impose lenient sentences on criminal offenders. According to Rep. James Sensenbrenner (R-Wis.), chairman of the House Judiciary Committee, the amendment was made necessary by the "growing problem of downward departures," or sentences that fall below the minimum prescribed by federal sentencing guidelines The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for convicted defendants in the United States federal court system. The Guidelines are the product of the United States Sentencing Commission and are part of an overall federal sentencing reform . In his annual review of the federal courts on December 31, 2003, Supreme Court Chief Justice William Rehnquist "criticized Congress in unusually pointed terms" for passing the amendment, reported the January 1 New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of Times. "It seems that the traditional interchange between the Congress and the judiciary broke down," complained Rehnquist. According to Rep. Sensenbrenner, no breakdown occurred: "This disagreement resulted from a policy dispute between Congress and the judiciary and did not result from any breakdown in communication between the branches or a lack of opportunity for judges to express their thoughts on the issue." In other words Adv. 1. in other words - otherwise stated; "in other words, we are broke" put differently , Congress knew exactly what it was doing when it acted to rein in to check the speed of, or cause to stop, by drawing the reins. to cause (a person) to slow down or cease some activity; - to rein in is used commonly of superiors in a chain of command, ordering a subordinate to moderate or cease some activity deemed excessive. See also: Rein Rein what it regarded as the abuse of judicial power in imposing sentences. It also acted within its constitutional powers. Under Article III of the U.S. Constitution, Congress has plenary authority to define the appellate jurisdiction APPELLATE JURISDICTION. The jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts. It differs from original jurisdiction, which is the power to entertain suits instituted in the first in stance. Vide Jurisdiction; Original jurisdiction. of all federal courts, and the power to create--and even to disband--any federal court below the Supreme Court. Congress thus has the power to deal with abuses of judicial power by federal judges--not only in imposing sentences, but with respect to school prayer, the Pledge of Allegiance Pledge of Allegiance, in full, Pledge of Allegiance to the Flag of the United States of America, oath that proclaims loyalty to the United States. and its national symbol. , public display of the Ten Commandments, same-sex "marriage," abortion and scores of other matters over which the judiciary has illicitly seized power. Congress can act, and it has recently done so as a result of public concern over crime. Prodded by an informed, organized voting public, Congress can rein in the courts even further. |
|
||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion