But if I am correct, the question becomes can the U.S. supreme court rule that a state supreme court misinterpreted its own state Constitution.
Is it possible for the Supreme court to issue an answer that says how it thinks a state court errored, but takes no action because the SCOTUS acknowledges it cannot bind the state court on that matter?>>>> And that begs the question. Did the framers of all of our constitutions realize that courts would be able to make laws that they could enforce. And of course. No court can really enforce it’s legislation. The executive branches defer and enforce the courts legislative process.
“And of course. No court can really enforce it’s legislation. The executive branches defer and enforce the courts legislative process.”
Yes, the courts have benefitted from their practices that should have been met frequently with “Madison moments” - go ahead, try to enforce it. Those moments should have been followed with heavy executive and legislative branch rebukes to courts acting as a legislature. The point to the courts should have been: if you want your judgements enforced then don’t intrude on our separate powers.