Before I Go Part II

• I was just browsing David Giacalone’s f/k/a post regarding “fundamentalist-conservative Catholics” (a term I am not sure describes any Catholics I know).  I know fundamentalists and really conservative Catholics, but the intersection is a null set…. something about the earth being created in 7 days .. tends to separate the two. I do, however, get David’s point regarding the Priests for Life web poll on whether it the Congress should over rule the Supreme Court. This is a reaction to the Shaivo debacle. Well Congress can, of course, over rule the Supreme Court and has done so in cases of statutory interpretation where the Congress (and the President) believe the Court misunderstands the intent of a law.  The Congress passed an amendment to the civil rights act of 1964 to overrule the Court’s opinion in Grove City College v. Bell where the court held that federal student grants -so-called BEOGs constituted federal funding which triggered Title IX’s non-discriminatory provisions for athletics.  So, Congress can say  these grants were not supposed to be counted in determining whether title IX applies and Congress can over turn the Supreme Court’s ruling.  Congress can also alter the powers of the Federal courts to give jurisdiction (or take it away) and it can also refuse to give the judges and justices raises or appropriations for judicial activities.  Congress, however, can’t overturn the Court’s interpretation of the Constitution—maybe it could have it it had the incentive to do so right after Marbury v.Madison, but that power, if Congress ever had it, is permanently atrophied.  Thus, Congress’ ability to undue the incorporation doctrine of the XIVth Amendment or the penumbral rights which some claim come from thin air is non-existent.  All we are left with is campaigns to impeach Earl Warren or to get a constitutional amendment to over turn Roe v. Wade.  [Although after reading Prof. Althouse’s comments on the 11th Circuit’s opinion in the Shaivo case, it makes me think that the 9th Circuit is saying to itself—”Good! Someone else is taking the heat,” and that there may be Congressional pressure placed on the federal judiciary in terms of fewer resources.]
• I was looking at Professor Althouse’s post on her image search at Google.  She got Osama, but I got a headstone as the number 1 image.  I am not sure which is worse!