He's at it again, attacking judicial activism at his Justice Sunday II brunch. The purpose of Justice Sunday, established by theFamily Research Council, is "to educate voters on how the courts affect the every day lives of Americans." at the speech, Congressman DeLay reminds people that "All wisdom does not reside in nine persons in black robes. The Constitution is clear on the point that the power to make laws is vested on Congress."
And, he's right. Article I vests the power to write laws on Congress, and even to execute laws over the President's Veto. However, he isn't complete with what he says. You see, Article VI stipulates that the Constitution and ALL LAWS ENACTED PURSUANT TO IT, and all treaties are the Supreme Law of the Land, and are bound to it. It's the Judiciary's role to determine whether a law is Constitutional, not Congress. Think about it if Congress had that authority. "We're passing this law, and it's constitutional. Trust us, we're looking out for you." Yet, this scenario in a slightly different form was suggested by another participant at the speech, Bill Donohue, "unless a judicial vote in unanimous, you cannot overturn a law created by Congress." It's little surprise that the Legislative was the branch that most concerned the founding fathers (see Federalist no. 48).
Perhaps the most disturbing statement in this was provided by Mike Miller, who also attended: "Activist judges we're trying to do what we can to stop that activity. Our laws are based on the Ten Commandments."
Call me crazy, but I thought our laws were based on the Constitution...?