Peter Hardin of Justice at Stake,recently wrote a short but interesting piece on what the American people think should be the role of the federal courts.
A new poll released by Justice at Stake shows that Americans reject a range of proposals by Newt Gingrich and several fellow GOP presidential hopefuls to severely limit the role of federal courts.
Voters solidly oppose permitting Congress to limit types of cases that courts can hear, or letting Congress or the president ignore or overturn a Supreme Court ruling, according to the poll. Voters oppose former House Speaker Newt Gingrich’s idea of using U.S. marshals to arrest judges and compel them to explain their decisions before Congress.
“The court-bashing coming off the campaign trail is way outside the American political mainstream,” said Bert Brandenburg, JAS executive director. “This poll confirms that Americans don’t want their leaders tampering with the courts. They strongly support courts that are accountable to the Constitution, not to elected politicians.”
Almost all of the specific proposals floated by GOP candidates regarding the courts were rejected in the poll of 1,000 voters nationwide:
- 57 percent believe Congress and the president should not be able to ignore Supreme Court rulings, while 19 percent agree with the idea;
- 48 percent say Congress should not be allowed to strip authority from courts to hear cases involving such issues as same-sex marriage and religious freedom. Twenty-nine percent favor letting Congress interfere in this way.
- 50 percent reject Perry’s proposal for a constitutional amendment permitting Congress to overturn a Supreme Court ruling with a two-thirds majority vote. Thirty percent favor the constitutional amendment idea.
- 53 percent of voters reject the proposal that Congress eliminate entire courts in response to unpopular decisions, while 26 percent favor the idea.
- 36 percent oppose the proposal that Congress should be able to ask judges to appear before it and explain their decisions, and 42 percent favor the proposal. By 51 to 38 percent, however, a majority of voters oppose Gingrich’s suggestion that law enforcement officials detain judges for congressional questioning about their decisions.
Texas Gov. Rick Perry’s proposal for nine rotating 18-year terms for Supreme Court justices, instead of lifetime appointments, received support from 48 percent of voters, compared to 31 percent opposed. The proposal has roots in the academic community.