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Using a "forgotten" power.(Ahead Of The Curve)

The New American

| October 18, 2004 | Detweiler, George | COPYRIGHT 2004 American Opinion Publishing, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

ITEM: On September 23, the Associated Press reported that "the House passed legislation [today] that would prevent the Supreme Court from ruling on whether the words 'under God' should be stricken from the Pledge of Allegiance.... 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."

This is the second time this year the House had passed a bill to limit the appellate jurisdiction of the Supreme Court, and the jurisdiction of all lower federal courts, based on powers granted to Congress in Article III, Section 2 of the Constitution. On July 22, the House voted to limit federal court jurisdiction over questions under the Defense of Marriage Act.

AHEAD OF THE CURVE: The same AP wire service story quoted above also noted that "the legislation [pertaining to the Pledge of Allegiance] has little chance of advancing in the Senate this year." The same could be said regarding the measure pertaining to the Defense of Marriage Act. ...

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