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House slashes activist court control over prisons
Human Events, Jul 23, 1999
On June 16, by a vote of 296 to 133, the House approved an amendment to the Juvenile Justice bill (HR 1501) that would prevent federal courts from ordering a convicted felon released from or not admitted to prison on the basis of prison overcrowding.
Sponsor House Majority Whip Tom DeLay (R.-Tex.) explained that thousands of criminals are being released by "activist judges who side with predators over victims," and thereby effectively defeat the states' truth-in-sentencing laws. DeLay cited the case of federal Judge Norma Shapiro, who took control over the prisons in Philadelphia and, "in an 18 month period alone, 9,732 arrestees that were out on the streets of Philadelphia on pre-trial release because of her prison cap were rearrested on second charges, including 79 murders, 90 rapes, 701 burglaries, 959 robberies, 1,113 assaults, 2,215 drug offenses and 2,748 thefts."
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Alcee Hastings (D.-Fla.) objected to DeLay's attack on judges. Hastings, who, prior to his election to Congress, had been federal judge but was impeached and removed from the bench by Congress, said, "Federal judges are extremely responsible people in this country."
Rep. John Conyers (D.-Mich.), the ranking Democratic member of the House Judiciary Committee, argued that judges such as Shapiro had the Constitution on their side. He cited the 8th Amendment's prohibition against cruel and unusual punishment and argued that De Lay's amendment would "unconstitutionally limit the authority of federal judges to remedy inhumane prison conditions." Conyers put in the Congressional Record a report detailing "horrible prison conditions" involving women and juveniles.
DeLay responded to Conyers' allegations of unconstitutionality by citing Article III of the Constitution, which gives Congress the power to limit the jurisdiction of federal courts. DeLay also said Conyer's report on prison conditions was irrelevant and just confused the issue. DeLay said that his amendment "has nothing to do with prison conditions. It does not limit anybody's right to claim there are bad prison conditions."
Rep. Mark Foley (R.-Fla.) cited cases in Florida where released prisoners have attacked and killed innocent people. "I feel for these families. I do not feel for the criminal. I do not feel for the prisoner. I do not feel for these who have violated society's laws. I feel for the victims"
DeLay had originally proposed this legislation as an amendment to the Judicial Reform Act (HR 1252) in April 1998, and it was approved by a vote of 367 to 52. But after being passed by the House, the Judicial Reform Act was referred to Senate, where it eventually died in the Judiciary Subcommittee on Administrative Oversight and the Courts. Interestingly, liberal Rep. David Bonior (D.-Mich.), one of the 52 to vote against DeLay's amendment in '98, shifted his stance and voted for it this time.
In debating the amendment back in '98, DeLay had quoted Chief Justice William Rehnquist, who, in his 1997 "Year-End Report on the Federal Judiciary," said, "I therefore call on Congress to consider legislative proposals that would reduce the jurisdiction of federal courts:'
A "yes" vote was a vote for an amendment that would keep federal judges from releasing or keeping out of jail convicted felons on the basis of alleged prison crowding. A "no" vote was a vote against the amendment.
Copyright Human Events Publishing, Inc. Jul 23, 1999
Provided by ProQuest Information and Learning Company. All rights Reserved
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