They’ve been talking about doing this for awhile now and it looks like today they have:
WASHINGTON – The House passed legislation Thursday that would prevent the Supreme Court from ruling on whether the words “under God” should be stricken from the Pledge of Allegiance.
In a politically and emotionally charged debate six weeks before Election Day, Democrats said majority Republicans were debasing the Constitution to force a vote that could hurt Democrats at the ballot box.
Supporters insisted Congress has always had authority to limit federal court jurisdiction, and the legislation is needed to protect an affirmation of religion that is part of the national heritage.
The bill, which the House approved, 247-173, would prohibit federal courts, including the Supreme Court, from hearing cases involving the pledge and its recitation and would prevent federal courts from striking the words “under God” from the pledge.
The legislation has little chance of advancing in the Senate this year, but it laid down another marker for politicians seeking to differentiate themselves from their election opponents on volatile social issues of the day. Other “wedge” issues that have come up or may arise before the election include gay marriage and flag-burning.
If this somehow makes it through the Senate it’s going to set a precedent that is likely to come back and haunt the Republicans at some point in the future. Messing with the checks and balances is just a dumb fuck thing to do as it’s served this country well for over 200 years. At least a couple of people in Washington seems to understand this:
But Rep. Jerrold Nadler, D-N.Y., said, “We’re playing with fire here, we are playing with the national unity of this country” by undoing 200 years of federal judicial review and letting each state make its own interpretation of constitutional law.
There is no direct precedent for making exceptions to the Supreme Court’s appellate jurisdiction, said Rep. Judy Biggert, R-Ill., who backed the original bill but opposed the changes.
“The issue today may be the pledge, but what if the issue tomorrow is Second Amendment (gun) rights, civil rights, environmental protection, or a host of other issue that members may hold dear?” she asked.
Thanks to Bachalon and Etan for passing this along.