Newsweek is attacking the Republicans’ pledge to pass only constitutional bills, not as unnecessary, but actually as dangerous:
Not so harmless, however, is the promise to require every bill to be certified as constitutional before it is voted on. We have a mechanism for assessing the constitutionality of legislation, which is the independent judiciary. An extraconstitutional attempt to limit the powers of Congress is dangerous even as a mere suggestion, and it constitutes an encroachment on the judiciary.
Got that? For Congress to limit itself to constitutional legislation is dangerous. And it’s not just Newsweek. Does two make a meme?
POSTSCRIPT: Taking this drivel more seriously than it deserves, Ramesh Ponnuru offers a substantive rebuttal: Marbury v. Madison, the Supreme Court case that invented judicial review, specifically cited Congress’s duty to consider the constitutionality of legislation.
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