Unfortunately, the sad fact is that only a minority of Americans now believes in the Constitution as written. They are willing to go along with a court that intentionally rewrites the Constitution so long as they more or less agree with the decision, or so long as the media can get them to go along after several years of propaganda (like with abortion, which was unpopular at first, but with is more or less accepted now.)
Our Constitution, the finest document the mind of man has ever produced, would not be adopted by the American electorate today. We would get something closer to the European constitution, maybe not as blatantly socialist, but it would be godless, gunless and short on individual rights.
If America becomes a free land once again, the minority will have to lead it there.
As a first pass - extend the Twenty-second Amendment to the United States Constitution to all elected posts - local, state, and Federal; to also include all appointed and staff positions. Two terms - period.
I have been saying for several years that the simplest and easiest way to fix the government would be to pass a constitutional amendment that says simply that all precedent is nullified, that the original intent of the constitution shall govern its interpretation and that judges who interpret the constitution as meaning something other than what its words provide shall be guilty of the crime of usurpation of power, and both impeached and imprisoned.
Unfortunately, the sad fact is that only a minority of Americans now believes in the Constitution as written. They are willing to go along with a court that intentionally rewrites the Constitution so long as they more or less agree with the decision, or so long as the media can get them to go along after several years of propaganda (like with abortion, which was unpopular at first, but with is more or less accepted now.)
Our Constitution, the finest document the mind of man has ever produced, would not be adopted by the American electorate today. We would get something closer to the European constitution, maybe not as blatantly socialist, but it would be godless, gunless and short on individual rights.
If America becomes a free land once again, the minority will have to lead it there.
No amendment is required to enforce your excellent point.
Michael Paulsen contends that Congress has Constitutional authority in Article 3 to abrogate stare decisis with statutes. This fact is not only self-evident in that article; but also, in the Supremacy Clause: “Abrogating Stare Decisis by Statute: May Congress, Remove the Precedential Effect of Roe and Casey?”, 109 YALE L.J. 1535 (2000).
Steven Calabresi places the responsibility with the President via the Attorney General’s brief arguing for overrule of deviant precedent: "The Tradition of the Written Constitution: Text, Precedent, and Burke", (April 6, 2005).