Newt Gingrich Would Send U.S. Marshals To Arrest ‘Activist’ Judges

[Swede Atlanta]

102. This is the path to plutocracy...oh, um I think we are already there.....

Newt alludes to the principle of judicial review that was articulated by the Supreme Court in Marbury v. Madison. It established for the first time that, under the concept of checks and balances in the structure of our federal government, the courts determine the constitutionality or legality of acts of Congress. Without that balance, Congress and the Executive Branch could enact and enforce any legislation regardless of whether or not it conformed with the U.S. Constitution.

But it is true that the Court lacks any means of enforcement. It must be that Congress and the Executive Branch recognize the validity of court decisions.

So Newt, as President and Congress with at least one chamber in the Congress in Republican control could effectively vacate any decision by any federal court by simply ignoring the decision(s) and not enforcing them.

While this might be true in theory, I think there would be such an uproar in this country the likes of which we haven't seen since the Civil War. That would be an outright attack on our historic system of checks and balances.

I don't always agree with decisions of the courts including Citizen's United, Bush v. Gore, etc. but I will respect those decisions because I want an independent judiciary. The concern I have now is the increased politicization on the Court including the behavior of Scalia and Thomas and, to a more limited extent, Chief Justice Roberts.