Overriding court decisions.

Rep. Julio Gonzalez, a surgeon and lawyer, has diagnosed judicial activism as a cancer resulting from a genetic predisposition in our plan of government.

It is, no doubt, scandalous when the judiciary goes outside of the Constitution to strike down laws based on penumbras, the mystery of life, personal preference, or as the late-Justice Antonin Scalia would say, plain old ipse dixit.

But Dr. Gonzalez's "revolutionary" treatment removes the tumor and kills the patient. If ratified, a national "override amendment" could throw the republic out with the bath water.

Hamilton, Madison, and Jay would be amused that a legislator wants his branch to have more power. Marbury v. Madison was not an unintended consequence. Hamilton made clear in Federalist 87 that the nonpolitical judicial branch, having "neither FORCE nor WILL, only judgment," must have the power "to declare all acts contrary to the manifest tenor of the Constitution void." Otherwise, there would be no restraint on the political branches when passions run high.

Reassigning review power to the Legislature --which already has both force and will--encourages the opposite of restraint when the political winds are right.

Imagine a high-profile criminal trial has ended in acquittal and the public is outraged, believing the defendant is guilty. Congress passes a bill finding the defendant guilty as charged and requiring him to report to federal prison with no right to post-conviction relief. The president signs it into law in front of cheering crowds, and then deploys federal agents to fetch him. "Reprehensibly unconstitutional," say the courts at all levels, striking down the law. "Not so fast," says Congress, passing the override resolution to the jubilation of their constituents.

Separation of powers is the true reason for our liberty. Even though judicial review is not perfect, and judicial restraint not guaranteed, it is far better than the alternative proposed.

John J. Cavaliere III

Tampa

I read with interest (and dismay) the proposed legislation by Rep. Julio Gonzalez, R-Venice, to allow the Legislature to override Florida Supreme Court decisions. Good intentions aside, I think Mr. Gonzalez needs a slight refresher course on our democracy and our constitutions.

Our founders created a very special democracy, one which supports majority rule, but which defends minority rights. The several states would not ratify the Constitution until a Bill of Rights was added. It took almost three full...