Military power is the only way marxists are ever thrown out of office. Either by its use to stop marxist military advance, societal collapse where the military refuses to maintain the marxists in power, or removing them. From power and restoring freedom to people. Is there risk ? Of course. But actually it has worked well where it has been tried. Chile comes to mind.
The debates of the Constitutional Convention show clearly that the power of the courts to decide "all Cases, in Law and Equity, arising under this Constitution, [and] the Laws of the United States" (U.S. Const., Art. III, section 2), was intended to include the "power of deciding on their Constitutionality...[and to] actually set aside laws as being agst. [sic] the Constitution." 1 Farrand 97-98.