What congress can do for this American: one of the best-kept secrets of our constitutional system, it seems, is that Congress can effectively nullify Roe v. Wade--and other judicial abuses--through legislation.(RIGHT TO LIFE)(Viewpoint essay)

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The right to life. The Ten Commandments. Prayer in schools. Flag desecration. Same-sex marriage.

As the federal courts consider cases that involve the most deep-seated convictions of Americans and issues upon which Americans are sharply divided, they understandably strike raw nerves. Public frustration is redoubled because, of the three branches of government, the judiciary is the farthest removed from popular election and public influence. It seems to many that the nation is being governed by the "majority vote of a nine-person committee of lawyers, unelected and holding office for life," as Professor Lino Graglia has said

As the federal courts render decisions that usurp powers never delegated to them by the people through the Constitution, concerned citizens look for ways to curb the court's power. Perhaps the most commonly promoted remedy is to amend the Constitution to end this or that judicial abuse. A basic problem with this approach is that the Constitution is very difficult to change. Both houses of Congress must pass a constitutional amendment by a two-thirds majority vote in order to submit the proposed amendment to the states for ratification, and three-fourths of the states must then ratify the amendment for it to become a part of the Constitution. Since the Constitution was adopted, it has been amended in this manner only 27 times, including the first 10 amendments (the Bill of Rights).*

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But there are other concerns regarding the constitutional amendment approach besides the difficulty of amending the Constitution. Is it wise, we should ask ourselves, to call for a constitutional amendment every time the federal judiciary oversteps its constitutional authority? If the "remedy" is to change the Constitution, does that not imply that the judicial abuse may be constitutional? Does that not send a signal to the federal courts that they can impose whatever rulings they want, no matter how outrageous, until such time as they are stopped by a constitutional amendment?

Moreover, since much of the judicial activism has entailed usurping powers that have belonged to the states, we should be very wary of national "solutions" that end tip transferring state powers to the federal government.