Well between Michael Jackson getting booked and the Medicare bill Roy Moore didn’t quite have the bully pulpit he did the week prior to make his announcement that would “change the course of the nation”. I’ve searched but can’t find any information about his previously mentioned Thursday press conference, though in digging around I did manage to find out what his plan was.
And I was wrong on all four counts.
What Roy Moore wants to do is start a movement to petition Congress to exercise it’s authority under Article #3 of the Constitution to limit or abolish the ability of federal courts beneath the Supreme Court to interfere in state’s rights.
I read the Article, and the wording is kinda vague. The Supreme Court is untouchable, but it reads that Congress has the authority to create lower federal courts. What’s the legal tradition regarding those courts though? Is there precedent of Congress being able to limit or define the courts themselves or do they (as I assume they do) fall under the Judiciary branch and exist somewhat apart from Congress. Does Roy’s aim have any merit or possible strategy of winning? His reasoning on the Ten Commandments wasn’t the most brilliant piece of jurisprudence I’ve seen in awhile. Does this approach have more merit? Is it likely the Congress could take action against the Federal courts and if so would it be Constitutional?
ps. Fair disclosure, I’m not a big fan of states rights being more of a federalist. I’ve seen few non-commerce uses of the doctrine that go beyond attempts by the state to parse freedom inequally out amongst citizens, then hold up the banner of “states rights” when they get called to the matt on it.