In a 28-page position paper entitled, “Bringing the Courts Back Under the Constitution,” Gingrich argues that when the Supreme Court gets it wrong constitutionally, the president and Congress have the power to check the court, including, in some cases, the power to simply ignore a Supreme Court decision.
“Our Founding Fathers believed that the Supreme Court was the weakest branch and that the legislative and executive branches would have ample abilities to check a Supreme Court that exceeded its powers,” he argues.
Mukasey and Alberto Gonzales, in exclusive interviews with Fox News’ Megyn Kelly, said they are particularly alarmed by provisions such as allowing Congress to subpoena judges after controversial rulings to “explain their constitutional reasoning” to the politicians who passed the laws.
“The only basis by which Congress can subpoena people is to consider legislation. To subpoena judges to beat them up about their decisions has only — if they are going to say that has to do with legislation they might propose, that’s completely dishonest,” Mukasey said.
“I think we have a great government, a great country because it’s built upon the foundation of the rule of law. And one of the things that makes it great and the rule of law is protected by having a strong independent judiciary,” Gonzales said.
“And the notion of bringing judges before Congress like a schoolchild being brought before the principal to me is a little bit troubling. I believe that a strong and independent judiciary doesn’t mean that the judiciary is above scrutiny, that it is above criticism for the work that it does, but I cannot support and would not support efforts that would appear to be intimidation or retaliation against judges.”
EXCLUSIVE: Former Bush Attorneys General Call Gingrich Position On Courts 'Dangerous' | Fox News: