On this, Gingrich agrees with former President Thomas Jefferson - and most of the other founders of this country. Let's break it down. First, Newt's assertion that the Congress can pass laws that limit the powers and behavior of the Supreme Court. The Constitution, in Section Two of Article Three which establishes the Judiciary, does give Congress the power to define and limit what the Supreme Court can and can't do. Here's the exact language, "The Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions, and under such regulations as the Congress shall make." Yes, that's what the Constitution says - in plain black and white. If Congress disagrees with - for example - the Citizens United decision or the Bush v. Gore meeting - they can simply pass a law that says that the Supreme Court has overstepped its authority and that's the end of that. Why, you may ask, did the Founders write it this way? The answer is really simple. They wanted the greatest power to be closest to the people - and Congress is up for election every two years. It's the body in our representative democratic republic that is closest to the people. It's where they wanted most of the power, which is why it's defined in Article One of the Constitution - the first among equals. As Thomas Jefferson wrote in an 1820 letter to Mr. Jarvis, who thought Supreme Court justices should have the power to strike down laws, "You seem to consider the judges the ultimate arbiters of ...
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