There are two little-known ways of “checking” dangerous Supreme Court decisions. The precept of “checks and balances” is little understood by far too many Americans and hated by others.
1) Article 111, Section II of the U.S. Constitution empowers the national Congress (simple majority of both houses) to limit or even nullify Supreme Court appellate decisions [One could argue whether “a” state was truly a party in this case by virtue of the way the Court worded its “ruling”. Furthermore, Congress has the power to dissolve the federal judiciary – Congress created it in the first place. It cannot dissolve the Supreme Court itself as that Court is organic to the Constitution — but again the congress could “check” it],2) Another “check” is that of the Executive Branch refusing to enforce a Supreme Court decision. President Andrew Jackson (whether or not one agrees with the merits of the case) did such….There is yet another consideration. Historically the Supreme Court either was to render a decision on a “particular” case OR remand said case back to the states if the Court judged it was not a “federal” (or better stated “national”) matter.
Furthermore, when a lawful Supreme Court decision was made, it was to be the “law of the case” — NOT the “law of the land”! That decision could be used as a precedent for future cases, to be sure. The recent SC decision concerning “minors'” convicted of murder seems to perpetuate the nonsense of “law of the land”.
However, the real issue hinted at previously that has escaped virtually everyone is this: The aforementioned case is NOT a “federal” [sic] i.e. national matter regardless of what the Supreme Court or other misinformed “experts” say. As Thomas Jefferson stated we have far too many exercising “will” instead of “judgment”.
This case should have been remanded back to the states. This is part and parcel of the concept of “federalism” — unknown and alien to most Americans thanks to our national media and public schools.
We Americans need to awaken! Pretentious trousered or skirted apes dressed in black robes does not justice make.
