There is a lot of philosophical debate about the current state of USSC authority over the other branches of government, both at the federal and state levels.
The answer to all questions seems to be "Marbury v. Madison," and the discussion is over. One may not point out that there is nothing in the Constitution that explicitly gives the USSC the extraordinary power to overturn legislation, or to avoid the actions of Congress or the President. The three branches of government are supposed to be "equal."
Where does the Supreme Court get the authority to nullify the actions of the other two branches of the Federal Government, when its actions are based on (a) questionable readings of the statutes (the "exchanges established by the states" under the ACA), (b) dubious inferences from the Constitution itself (e.g., the non-existent "right of privacy"), or (c) the Court's own policy preferences (e.g., abortion, "affirmative action," and the death penalty)?
More importantly, what are the other two branches (and, in effect the American people) to do when the USSC "goes off the reservation," so to speak?
Consider the current "hot topic" of "birthright-citizenship." If Congress were to pass a law clarifying the original intent of the Authors of the 14th Amendment (as clearly shown in the legislative history) that birthright citizenship is not guaranteed to the offspring of people in the country illegally, there is a more than even chance that the Court would overturn the law, simply because a majority of the Justices just don't like it. That would put us in the situation where a Constitutional Amendment would be required, which is, if your will pardon the expression, bullshit.
One of the problems is lifetime-tenure of the justices, which clearly allows them to draw more and more out of touch with the actual humans who live in this country. Article III Section 1 states that the justices shall hold t heir office "...during good behavior..." Dare one point out that ignoring the Constitution and laws of the United States constitutes "bad" behavior? Could a justice be removed/impeached if tried and convicted in the Congress for blatant disregard of the Constitution?
How else to deal with a rogue Supreme Court?
The answer to all questions seems to be "Marbury v. Madison," and the discussion is over. One may not point out that there is nothing in the Constitution that explicitly gives the USSC the extraordinary power to overturn legislation, or to avoid the actions of Congress or the President. The three branches of government are supposed to be "equal."
Where does the Supreme Court get the authority to nullify the actions of the other two branches of the Federal Government, when its actions are based on (a) questionable readings of the statutes (the "exchanges established by the states" under the ACA), (b) dubious inferences from the Constitution itself (e.g., the non-existent "right of privacy"), or (c) the Court's own policy preferences (e.g., abortion, "affirmative action," and the death penalty)?
More importantly, what are the other two branches (and, in effect the American people) to do when the USSC "goes off the reservation," so to speak?
Consider the current "hot topic" of "birthright-citizenship." If Congress were to pass a law clarifying the original intent of the Authors of the 14th Amendment (as clearly shown in the legislative history) that birthright citizenship is not guaranteed to the offspring of people in the country illegally, there is a more than even chance that the Court would overturn the law, simply because a majority of the Justices just don't like it. That would put us in the situation where a Constitutional Amendment would be required, which is, if your will pardon the expression, bullshit.
One of the problems is lifetime-tenure of the justices, which clearly allows them to draw more and more out of touch with the actual humans who live in this country. Article III Section 1 states that the justices shall hold t heir office "...during good behavior..." Dare one point out that ignoring the Constitution and laws of the United States constitutes "bad" behavior? Could a justice be removed/impeached if tried and convicted in the Congress for blatant disregard of the Constitution?
How else to deal with a rogue Supreme Court?