- Posted on December 18, 2011 at 2:48pm by Madeleine Morgenstern
Appearing on CBS’s “Face the Nation,“ Gingrich said there is a ”fundamental assault on our liberties by the courts.” He defended his previously stated position that the president and Congress should have the authority to ignore court rulings they disagree with, and that in the case of extremely controversial decisions, lawmakers should have the power to subpoena activist judges and have them defend their rulings.
When host Bob Schieffer questioned how such a subpoena could be enforced, such as whether he would send a Capitol Hill police officer to forcibly bring the judge in, Gingrich said yes.
“If you had to,” he said. “Or you would instruct the Justice Department to send the U.S. Marshal.”
Citing in particular U.S. District Court Judge Fred Biery, who ruled in June that a Texas high school could not have any religious language in its graduation ceremony, Gingrich said: “I think he should be asked to explain a position that radical. How could he say he’s going to jail the superintendent over the word ‘benediction’ and ‘invocation’?”
“You have an increasingly arrogant judiciary,” he said on CBS’s “Face the Nation.“ ”The question is, is there anything we the American people can do? The standard answer has been eventually we’ll appoint good judges. I think that’s inadequate. The Constitution promises a balance of the judicial branch, the executive branch and the legislative branch. The Federalist Papers say specifically the weakest of the three branches is the judiciary.
“I got in this originally for two things,” he said. “The steady encroachment of secularism through the courts to redefine America as a non-religious country and the encroachment of the courts on the president’s commander-in-chief powers, which is enormously dangerous.”
Watch the interview clip below, via CBS: