He also doesn’t care for separation of church and state (should we start taxing churches, Tom?), or judicial review. He even admits it, in this interview with the Moonie-owned Washington Times:
WASHINGTON TIMES: You’ve recently said you blame Congress for not being zealous in oversight.
MR. DeLAY: Not zealous. I blame Congress over the last 50 to 100 years for not standing up and taking its responsibility given to it by the Constitution. The reason the judiciary has been able to impose a separation of church and state that’s nowhere in the Constitution is that Congress didn’t stop them. The reason we had judicial review is because Congress didn’t stop them. The reason we had a right to privacy is because Congress didn’t stop them.
P.S. to DeLay: Congress didn’t give courts the power of judicial review; the Constitution does in Article II:
The judicial Power shall extend to all Cases, in Law and Equity, arising under the Constitution, the Laws of the United States [that means the laws that Congress passes, Tom] and Treaties made . . .
In other words, judges review laws because that is what judges do, per the Constitution. Not too hard to understand, Tom.
And there is no congressional oversight of the federal courts in the Constitution. All the Constitution allows Congress to do is to create "inferior courts" below the U.S. Supreme Court (i.e., federal district courts and appellate courts). Which they did a coupla hundred years ago.