The issuance of writs by federal courts is not a constitutional power, but rather is based on statutory authorization provided by Congress.

Although it is possible for Congress to enact laws intended to restrict judicial activism, what would prevent errant judges from simply declaring the resulting laws to be unconstitutional and refusing to obey them? Although there are several possible solutions to the problem including the restriction by Congress of federal court jurisdictions, another possible solution would be to simply abolish the system of writs currently used by federal courts and replace it with a "warrant application" system.

Under such a system of "warrant applications," judges would still have authority to issue writs for purposes such as:

1) compelling the attendance at trial of subpoenaed witnesses, appointed attorneys, and impaneled jurors,

2) maintaining order in the court, and

3) taking such other measures as is necessary to protect the integrity of the trial and the discovery processes.

Judges would not, however, be able to issue writs directly for other purposes; instead of issuing writs directly, the judges would have to apply for writs to be issued on behalf of the court. They would do this by submitting a warrant application to an oversight agency established by Congress that would have the responsibility of reviewing the application to ascertain whether the judge functioned within the boundaries established by the current judiciary laws. For example:

1) Did the court have appropriate jurisdiction to hear and make a ruling on the case?

2) Can the writs the judge wishes to have issued be legally used for the purpose he desires to use them for?

If the judge functioned in a manner that was in compliance with current judiciary laws, the oversight agency would prepare the appropriate writs, notarize them, and return them to the judge who had submitted the warrant application. If the court lacked jurisdiction or if the judge wished to issue writs in a manner that wasn't in compliance with current judiciary laws, the warrant application would be rejected and the judge accordingly notified.

Hence, the oversight agency would simply insure that rules and procedures embodied in the federal judiciary laws were being obeyed.