Checks and Balances

Rep. Tom DeLay and others have suggested, in the wake of the Terri Schiavo ordeal, that Congress ought to rein in the “tyrannical” judiciary. Now, I share the concerns of conservatives that the judiciary has expanded its power at the expense of democracy.

However, might I also suggest that Congress could restore some balance to our system of government by acting as a check on runaway executive power, a task that the Founders certainly envisioned for it?

For starters, Congress could, say, not confirm appointees to positions of power who thumb their nose at any legal checks on executive power during wartime. Also, they might want to rediscover Article I, Section 8, Clause 11 of the Constitution.