For clarification, are you saying that YOU personally believe it is unconstitutional, or that SCOTUS would declare it unconstitutional based on THE IRREPRESSIBLE MYTH OF MARBURY?
Based on history it does seem likely to me that SCOTUS would declare it unconstitutional as they have become god's in their own minds. It is this very Constitutional crisis that is perpetuating the holocaust of abortion and so much other evil.
Impeachment is possible but VERY unlikely because conviction/removal from office requires 2/3 Senate Majority.
Packing the judiciary with strict constructionist judges who self-limit, is near impossible as 7 of the current 9 are GOP appointements and the Dems will prevent the confirmation of known strict constructionist.
And if SCOTUS were to declare it unconstitutional what's wrong with your own: "The second-best solution is the precedent set by Jackson and Lincoln of simply disregarding Supreme Court decisions that the President thinks are unconstitutional." since it would be THE PRESIDENT who would sign it into law, and his party who passes it?
Jurisdiction stripping is a rather common occurrence. In the 107th Congress (2001-2002), Congress used the authority of Article III, Section 2, clause 2 on 12 occasions to limit the jurisdiction of the federal courts http://www.washtimes.com/op-ed/20031006-085845-5892r.htm. IMO it's time they use their authority where it REALLY matters most.
In my professional opinion the Supreme Court would declare it unconstitutional, because jurisdiction stripping cannot extend to the point of preventing constitutional review at every level of government.
That would seriously change the system of checks and balances, and the Supremes will reject it 9-0.
Anyway, it won't get past the Senate filibuster.
The Republicans have the power, if they want to use it, to make a strict constructionist judiciary that will strike down Roe.
They can change the filibuster rule, guaranteeing Bush's nominees a straight up or down vote, which the Republicans will always win if they want to. And they can block Arlen Specter taking the Senate Judiciary Chair. All they have to do is use the power they already have.
If they do, I'll be first in line with my contributions and support.
If they don't, I've been a roped dope, a member of the Republicans' "black bloc" of gullible manipulated voters.
I hope they do the right thing here.
But Specter's comments this week criticizing the President for re-nominating his slate of 20 rejected judges inspires no confidence.
Think about it: the Republicans are talking about overruling Marbury v. Madison by a dubious legislative trick of jurisdiction removal which won't get past the Senate, and which will be rejected by every court that looks at it, when they COULD just simply win by changing the filibuster rule and borking Specter.
They're grandstanding when they could guarantee the win.
I watched Democrats like Kweize Mfume do this to the blacks for 30 years, and I always wondered how blacks could be so gullible. Now I'm looking in the mirror.
And watching the Specter nomination like a hawk.
And watching like a hawk to see what the Republicans do about the filibuster.
And watching like a hawk to see how Specter handles the judicial nominations, and what the Republicans do to him when he protects Roe, as he certainly will.
If they don't do the right thing, it will be because they CHOOSE not to. And if they choose not to and parallel track this unconstitutional flypaper, it is intended as a decoy to get folks like me excited that they are "trying".
Don't "try".
You have the power.
JUST DO IT.