First, state legislatures will once again appoint senators. Regardless of the state, it is doubtful their senators will consent to the appointment of judges hostile to the 10th amendment.
Second, the state will have the power to override scotus decisions by two thirds vote.
As for presidential powers, states will also be able to override federal regulations by two thirds vote and congress will have to approve regulations whose lifetime cost is more than $100 million.
These are significant checks on scotus and the executive.
Mark's proposed amendments would make the government even more federal than the design of 1787.
Bad idea.
The Massachusetts legislature has bad breath. I do not want them choosing Massachusetts senators.
Of course, admittedly, Masshole voters do little better.
While I agree putting the senate back under the control of the states is a core goal, there is no guarantee that a future congress won’t again try to freelance. I think another critical addition would be a prohibition on federal mandates on the states and localities regarding both spending and taxing. The federal government must not be allowed to continue to give money for programs that then compel revenue generation on the part of the recipient government.