I’ve noticed that people either accept or reject Supreme Court rulings, especially the most significant ones. But they’ve come up with a way to overturn them.
This proposed amendment would be based on the ratification provision in the Constitution, which requires only three-quarters of the states to approve an amendment. However, this amendment would only serve to overturn Supreme Court rulings if three-quarters of the state supreme courts reject the ruling or issue a contrary ruling.
If the threshold is met, the ruling could be overturned in the first case or the contrary ruling could be applied in the second. What would be the political and judicial consequences if this amendment were to take effect?
The legislature is the traditional check on the judicial system. Letting state supreme court judges overturn the federal supreme court would kind of break the system.
I don’t know if it would be a better solution but if we’re amending the constitution giving citizens the power to recall federal and state elected officials and dismiss appointed ones by petition and popular vote would force politicians to care more about the will of the people and do the job they were elected/appointed to do.