As one of those “politicians” you are referring to, I agree. It is now the first thing I ask any candidate, no matter what office He/she is running for. When I became County Supervisir, I had no idea how much of my job would be fighting the Federal Government, it is the fight of our lifetime and we’d better elect people who are up to the task. But we need public support as well. That is why I put together this Town Hall.
To say the undertaking is bold is an understatement.
In past I have proposed creating a Second Court of the United States, superior to the United States District Courts, but inferior to the SCOTUS.
Not a federal court, but a recreation of the US senate prior to the 17th Amendment. Two judges appointed by state legislatures on terms parallel to their senators. The court would do two things:
1) Determine if cases appealed from the US District Courts are indeed “federal cases” with constitutional issues heard by federal courts; or if jurisdiction of these cases should be returned to the states as not federal issues. In effect, a “jurisdictional” court.
This would neutralize the decisions of activist federal judges, by stripping these cases of federal involvement, despite Stare decisis (judicial precedent).
2) The other authority of the 2nd Court would be original jurisdiction of all lawsuits between the states and the federal government. Instead of such cases having to go through the state federal district judge, a three judge panel of the district court, the entire district court en banc, and then to become one of the 8,000 or so cases appealed to the SCOTUS each year, they would go directly to the 2nd Court.
The other states would decide these lawsuits, with advantage to states rights, not federal prerogatives, as things are now. Granted, decisions could still be appealed to the SCOTUS, but if 2/3rds or even 3/4ths of the states found against the federal government, the SCOTUS would have to think long and hard before overruling them.
Good for you!!!