“Recent actions taken by courts are demonstrative of a single branch of government taking upon itself the singular ability to legislate,” said Lewis. “I believe these actions usurp the will of the governed and circumvent representative government by empowering a select few, not elected or otherwise politically responsible, to conclusively rule on issues that are radically reshaping our great nation.”

Lewis’ proposed legislation, designed to preserve equal dignity among branches of government, would apply only to future rulings concerning the constitutionality of an Act of Congress. H.R. 3073 could not be used to reverse past decisions or rulings dealing with disputes between parties, states and state actions. Though several court jurisdiction resolutions passed the House in the last Congress, Lewis believes a more comprehensive solution is necessary to address the broader issue of activist courts; a concern he believes has troubling implications beyond singular social issues.

“Our founding fathers created three separate branches of government, each with equal checks and balances on the others,” said Lewis. “Our founders also ensured that each branch, including Congress, play a role in constitutional interpretation, requiring officials in each branch to take an oath to support and defend the Constitution. The framers did not give authority to one branch over the other. Certainly each branch has its separate functions, but debating, defending and upholding the tenets of the Constitution involve the decision and duties of every branch.”

 The right of judicial review is a practice with origins from the bench itself, established by the 1803 Marbury v. Madison decision, and is not expressly provided for in the Constitution. Many argue that the exercise of such broad judicial authority, expanded over time and by political tradition, has a growing adverse affect on co-equal branches of government. Lewis cites the exceptions and regulations clause of the Constitution as grounds for Congress to re-assert its oversight role.

“The framers of the Constitution were advocates of serious debate who believed that the deliberation of the political process should always be open to the people. As the courts continue to expand their power of judicial review, I believe Congress, as the people’s branch of representative government, should take steps to equally affirm its authority to interpret constitutional issues.”

The Congressional Accountability for Judicial Activism Act is gaining support from numerous Member of Congress including fifteen co-sponsors. Lewis hopes his legislation will encourage serious bipartisan debate on the growing imbalance of constitutional authority in our Federal government and the adverse consequences challenging the effective representation of majority will.

###