Gingrich Urges Overriding Supreme Court
September 29, 2006
Gingrich Urges Overriding Supreme Court
WASHINGTON (AP) -- Supreme Court decisions that are ''so clearly at variance with the national will'' should be overridden by the other branches of government, former House Speaker Newt Gingrich says. ''What I reject, out of hand, is the idea that by five to four, judges can rewrite the Constitution, but it takes two-thirds of the House, two-thirds of the Senate and three-fourths of the states to equal five judges,'' Gingrich said during a Georgetown University Law Center conference on the judiciary...
Gingrich, a Republican who represented a district in Georgia, noted that overwhelming majorities in Congress had reaffirmed the Pledge of Allegiance, and most of the public believes in its right to recite it. As such, he said, ''It would be a violation of the social compact of this country for the Supreme Court to decide otherwise and would lead, I hope, the two other branches to correct the court.''
In 2002, the 9th U.S. Circuit Court of Appeals in California ruled that the pledge was unconstitutional when recited in public schools because of the reference to God. The Supreme Court in 2004 reversed that decision on a technicality, but the case has been revived. Gingrich said ''the other two branches have an absolute obligation to render independent judgment'' in cases that are ''at variance with the national will.'' He spoke at Thursday's panel discussion on relations between the executive, judicial and legislative branches of government.
Former Senate Democratic leader Tom Daschle of South Dakota, who spoke on the same panel, noted the high court's 5-4 decision settling the contested 2000 presidential election in favor of Republican George W. Bush. ''What if Al Gore had said I don't agree?'' Daschle asked. ''In a sense, what we did was put the court in the position of the American people. We were giving the court the power to make the decision for the American people based on their best judgment and I'm not challenging the judgment. I accept it, too, even though I disagree.''
http://www.nytimes.com/aponline/us/AP-Gingrich-Scotus.h...