"Fine. Get the law changed in your legislature. The American people have a right to elective representation on decisions like these."
Unless the Supreme Court says otherwise, of course.
Then amend the Eighth Amendment. If there's such a popular groundswell of support for executing minor criminals, it ought to be easy.
"Then amend the Eighth Amendment. If there's such a popular groundswell of support for executing minor criminals, it ought to be easy."
There is no need to amend anything, if one likes things as they are. The Supreme Court has the final say in all things American. That's just the truth. No legal maneuvering can change that, because all legal argument is subject to the final opinion of the Supreme Court...so the appeal on any issue in contention is back to an interested party in the dispute.
The only way to address this issue directly is for the other branches of government to assert limits on the Supreme Court. The catch is that any such assertion on their part will be called ILLEGAL and UNCONSTITUTIONAL by the Supreme Court itself, because the Court has the final say on all things in American government and law.
Once such a ruling comes down, the covalent branches have to stick to their guns, refuse to enforce the decision, and pronounce the Supreme Court's verdict itself unconstitutional, because the Supreme Court has abused power and claimed authority it does not have in that specific instance.
The only way to alter the balance of power, in which the Supremes are the Final Authority in America, is by establishing the precedent that they do NOT, and that when they render decisions that exceed their authority, they act illegally and their decisions are void.
There are two ways to do this.
One is very hard: impeach the judges.
The other is much simpler: defy the Court and explain to the public in detail WHY the Court has abused its authority and WHY the Court does not in fact have the power to order a decision like that AT ALL in the first place.
I do not see any such confrontation anywhere on the horizon.
Look at it this way: the gutless wonders in the majority in the Senate are not even going to use the so-called "Nuclear Option" to get the President's slate of judges through. If they are unwilling to use power they very clearly have, will ANY of them have the spine to stand up institutionally to the Supreme Court?
Laughable.