“Your suggestion destroys the concept of separation of powers by giving state legislatures veto power over decisions of the Court; and who gets to decide what is “landmark” or not?
There is no way 3/4ths of the states would agree to overturn Roe v Wade for example, but 5 conservative Justices just might.”
When I wrote my diatribe, I immediately thought of the problem of how does one define “Landmark”, and hosestly don’t have a ready response.
I regards to RoeVWade...if what I proposed was in effect when the RoeVWade decision came down...it would NEVER have been ratified by 3/4 of the states at that time. Obviously, I’m not proposing that the power be made retroactive. And honestly, I’m just talking....I understand such veto power by states could be dangerous and a two edged sword. It just troubles me that the court has evolved into a de facto constitutional ammender based upon some wacky rulings....and there was no rapid mechanism to shut them down. Oh well, as long as humans run things...there will be flaws in any system.
When I wrote my diatribe, I immediately thought of the problem of how does one define “Landmark”, and hosestly don’t have a ready response.
I regards to RoeVWade...if what I proposed was in effect when the RoeVWade decision came down...it would NEVER have been ratified by 3/4 of the states at that time. Obviously, I’m not proposing that the power be made retroactive. And honestly, I’m just talking....I understand such veto power by states could be dangerous and a two edged sword. It just troubles me that the court has evolved into a de facto constitutional ammender based upon some wacky rulings....and there was no rapid mechanism to shut them down. Oh well, as long as humans run things...there will be flaws in any system.
My point is that requiring 3/4ths of states to ratify Supreme Court decisions goes both ways: there are enough traditionally liberal states to block any Supreme Court decisions that move the nation to the right and there are enough traditionally conservative states to block any decisions that would move the nation to the left, hence stalemates in the middle.
I like our system the way the Founders envisioned it despite its obvious imperfections. If we need changes, let’s use those 3/4ths votes in Congress and in the state legislatures to actually amend the Constitution and let the judiciary be stay separate from overt political influence.