user Create your account


mail Sign in with email


Judicial Review Has Become Judicial Supremacy

Judicial Review has BECOME Judicial Supremacy

Judicial review being "final" when it culminates with a SCOTUS ruling, SCOTUS rulings are now treated as "the last word" on a matter - effectively nationalizing laws in areas our Constitution leaves to the States.

We have inadvertently established a 9-person panel, any 5 of which now exercise power EXCEEDING that of the other two branches and of the States in "interpreting" our Constitution.

But it's worse than that:

Since previous SCOTUS rulings are treated as Constitutional law and weighed along with the Constitutional text in rendering new opinions, the Court's "interpretation" EVOLVES. There are now numerous cases in which the Constitution's "interpreted meaning" has OPPOSED the plain words of the text.

At present, such opinions carry the force of law not only on the parties to the case before the court, but on ALL such cases going forward UNTIL or UNLESS reversed by a subsequent opinion rendered by the High Court itself.

Among remedies being discussed:
Establish a path by which states can COUNTER Federal laws, regulations AND rulings of the Federal Judiciary. This would create a powerful check on legislative encroachments of Congress, regulatory encroachments of the Executive branch and on the effects of judicial overstep by SCOTUS.

If SCOTUS rulings are made accountable to the people via their State Legislators, we will no longer have vested 5 fallible humans with "the last word" on the meaning and application of our Constitution, thus restoring the balance of power between the three branches and among the sovereign entities of the United States.