Newt Gingrich is clearly trying to out-crazy his rivals for the Republican nomination. During last weekend’s wingnut debate, he proposed that Congress should overturn Roe v Wade and forbid the court from reviewing the law that does it — and failing that, they should just abolish any court that dares to challenge them.
I am intrigued with something which Robby George at Princeton has come up with, which is an interpretation of the 14th Amendment, in which it says that Congress shall define personhood. That’s very clearly in the 14th Amendment. And part of what I would like to explore is whether or not you could get the Congress to pass a law which simply says: Personhood begins at conception. And therefore—and you could, in the same law, block the court and just say, ‘This will not be subject to review,’ which we have precedent for. You would therefore not have to have a constitutional amendment, because the Congress would have exercised its authority under the 14th Amendment to define life, and to therefore undo all of Roe vs. Wade, for the entire country, in one legislative action…
The simplest first step which I would take is to propose—and I hope this will be a significant part of the campaign next year—I have proposed to abolish the court of Judge Biery in San Antonio, who on June 1 issued an order that said, not only could students not pray at their graduation, they couldn’t use the word benediction, the could not say the word prayer, they could not say the word God, they could not ask people to stand for a moment of silence, they couldn’t use the word invocation, and if he broke any of those, he would put their superintendent in jail. I regard that as such a ruthless anti-American statement that he should not be on the court, and I would move to literally abolish his court, so that he could go back to private practice, as a signal to the courts.
So much for the separation of powers. So much for judicial review. So much for Federalist 78, in which Hamilton made the point of an independent judiciary perfectly clear:
The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex-post-facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
What Gingrich is proposing is anti-constitution, anti-liberty and anti-American. It’s also pure demagoguery.