On June 15th, 2005 Mike Ferguson voted to overturn a judge's decision by denying the Justice Department the ability to use tax dollars to enforce the ruling. This is a direct vote against the independence of the judiciary, and its ability to make independent interpretations of the constitution and the law.
It is not the first time this year that Rep. Ferguson has voted to interfere with the judicial process. Earlier this year he voted to impose his beliefs on the Terry Schiavo case.
The case is "Russelburg v. Gibson County" in which members of a local community in Princeton, Indiana filed a federal lawsuit to have a monument of the 10 Commandments removed from a local courthouse. The judge found that the placing of the monument was a violation of the United States Constitution bar on the government establishing a religion and ordered it removed.
People can come out of different sides of this issue, and in fact the courts have over time both allowed and denied religious documents and monuments on government property. That is not the issue here. Mike Ferguson's vote was a direct attempt to bypass the courts and American legal tradition to overturn a legal judicial order by withholding the funds necessary to enforce it.
In fact, the sponsor of the amendment, Representative John N. Hostettler of Indiana, explained the amendment in exactly that way on the House floor [emphasis added]:
Mr. Chairman, here are the facts: federal statute says, ‘Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States... .’
“Since this ruling by the Southern District Court in Indiana is not a lawful decision consistent with the Constitution, I will utilize Congress’ Article I, section 8 power of the purse to prevent any funding from being used by the U.S. Marshals Service to remove the Ten Commandments monument."
Rep. Hostettler is playing word games here by saying that this was not a "lawful decision." The judge did nothing illegal in coming to or ordering his decisions and Rep. Hostettler is not saying that he did. That means that the order was lawful according to the rule he quoted, an that Hostettler acknowledges it.
What Rep. Hostettler means when he adds "consistent with the Constitution" is that he believes the decision was wrong, and did not interpret the law properly. The proper place for the merits of the decision to be decided is in a higher court under appeal, and the case is, in fact, currently under appeal by the County. At the highest level, this case could wind up in the Supreme Court where seven of the nine justices were appointed by Republican presidents.
But the proper use of our legal system is not good enough for Rep. Hostettler or Rep. Ferguson. Instead of trusting our federal legal system which has stood for more than 200 years they are trying to overturn judicial decisions not by changing the underlying laws but by changing the federal budget.
Our nation's founders intentionally created a three-part federal government with separate and co-equal powers to prevent any one portion from taking too much power. If this is allowed to pass, the result could be the end of an independent federal judiciary. Congress could overturn any judge's decision it doesn't like simply by forbidding tax money to be spent on the enforcement of that decision.
Representative Ferguson should be careful: this power could be used by conservatives or liberals, depending on which was in control of the Congress. It should not be used by either.
Contact Mike Ferguson on his website or by calling his office at 908-757-7835 and ask him why he voted against allowing the judicial process to continue.
Send the answer you get to dumpmike@gmail.com or post it in the comments below.
Also, write a letter to the editor to the Courier News at letters@c-n.com, the Home News Tribune at letters@thnt.com, the Star Ledger at eletters@starledger.com, or the New York Times at letters@nytimes.com.