Congressional Accountability for Judicial Activism Act of 2005

H.R. 3073, the Congressional Accountability for Judicial Activism Act of 2005, proposes a significant change to the balance of power between the legislative and judicial branches of the federal government. If passed, the bill would allow Congress to overturn a U.S. Supreme Court decision by a two-thirds vote in both the House of Representatives and the Senate. This authority would specifically apply to Supreme Court rulings that declare an Act of Congress to be unconstitutional.

For everyday citizens, this legislation would mean that a law passed by Congress and subsequently struck down by the Supreme Court could be reinstated if a supermajority of lawmakers disagree with the Court’s interpretation. Essentially, the bill seeks to provide Congress with a final check on judicial rulings regarding the constitutionality of federal laws, potentially shifting the final word on legal validity from the judiciary to the legislature.