There’s no doubt that Newt Gingrich is right about judicial overreach. The US Supreme Court is undoubtedly out of control. However, I completely disagree with Newt’s proposed solution, because imagine if the left decided to do the same thing! Like you wrote, there are checks and balances already available to maintain co-equal branches of government.
There’s no doubt I’d love to see a lot of judges impeached. Some of them really need impeaching, so that the rest of the black robed tyrants learn a bit of restraint. That’s the problem there. Congress has abdicated most of its power to control the courts for the simple reason the left likes tyranny, but impeachment is still an option.
This 2 out of 3 branches won’t fix the problem. It would only make it worse. How can Newt and other conservatives possibly forget the first two years of the Obama administration when we were hoping and praying the Supreme Court would somehow help slow down the left’s mad rush? Imagine if the Supreme Court ruled against Obamacare only to have President Obama and Congress ignore the ruling!
“Imagine if the Supreme Court ruled against Obamacare only to have President Obama and Congress ignore the ruling!”
I tend to agree with most of your points, but in your above hypothetical, at least the people could replace members of congress and the Executive (via elections), whereas lifetime Supreme Court appointees making “final forevermore” decisions are left without a proper “check”. I’m not convinced the threat of impeachment would do the trick either.
Newt’s solution may not be the answer, but I believe something needs to be done to prevent the Judicial from continuing to take more power than was originally envisioned by the Framers.