So where do you go when the Supreme Court is unconstitutional?
Among Mark Levin's solutions is to grant three fifths of the state legislatures the power to overturn Scotus decisions.
It took a hundred years to stand where we are, on the cusp of despotism. It may be too late, but it is worth the effort.
I think you have to start interpreting the Constitution as written yourself. One example of that is that the Supreme Court has a nice name, but it's only "supreme" over other Federal courts. In our government, it's just another co-equal branch, along with the Congress and Presidency—which are interpreters of the Constitution with the same standing as SCOTUS.
That's why Congress has the power to impeach and convict justices of that Court. And in practice, they've set themselves the bar way too high for that. Failing to uphold your oath of office by over-reaching your powers or acting against the plain meaning of the USC is plenty.
And by the way, it says nowhere in the USC who is the ultimate interpreter of the document—and that's because the People, using plain language, are the ultimate interpreters. It begins "We, the People . . ." rather than "We the Supreme Court . . ." or "We the President . . ." or even "We the angry nerds who were unpopular in high school, and therefore went to law school. . ." (No offense to patriotic lawyers.)
I never understood my father fulminating against the absurdity of "one-man, one-vote" back when that decision came out. Thanks to this excellent vanity post, I get it. If we need to up-end Reynolds, the 17th Amendment, and also the 16th, to take back the last, best hope of mankind, then let's get 'er done.
The same place you go when the Dept. OF justice is Corrupt and Their boss as well,no where
What is necessary is to recognize (and encourage others to do so) that neither the Supreme Court, nor any other, has any legitimate authority over anyone other than the particular parties to the cases before them; while determination of which party should win will often require that the Court determine what the existing laws means, and while it is often useful for the Court to explain what the existing laws mean, the fact that the Court claims that the laws mean something does not make it so.
A major problem arises in cases where the government acts illegitimately, but no workable remedy can be formulated. A Court decision which holds that no remedy is justified will often interpreted as holding that the action in question was legitimate, whether or not the Court actually made such a determination (if the Court finds that no remedy would be possible in the case at hand, it will often not even consider whether the actions which led to the case were legitimate).
It should also be noted that in some cases it is right and proper for a court to make decisions which are not particularly justified by statutory law, if any other decision they could make would be even worse. For example, in Lawrence v. Texas, the Supreme Court should have remanded the case to a lower court with instruction that defendants should be entitled to argue that law enforcement was aware of and routinely ignored activities equivalent to those of the defendants, to such an extent that an ordinary person would perceive such actions as being de facto legal. For the Court to evaluate arguments not given, and order a remedy which had not been sought, would in general be improper, but the question of whether particular conduct would be generally perceived as de facto legal is a matter of contestable fact, and as such should be examined by a jury rather than the Court. Such a remedy would be more favorable to the defendants than any other to which they were actually constitutionally entitled; while the prosecutors would normally be entitled to argue against any proposed remedy, this remedy would allow it the chance to present its case before the jury. Nothing in statute would particularly justify such a remedy, but it would allow both prosecution and defense all the protections to which both sides are entitled.
I think the Founding Fathers set the example of what to do when the Government got out of control and no longer represented the will of the people: Tar, Rope, Feathers.