[tpaine]

This is why the judicial branch was designed specifically to be the weakest of the branches - not the overpowering behemoth it is today.
-73-

I have no further answers to your fantasy that our USSC is a behemoth out of control.
They still are 'weak', with no enforcement powers. In effect the texas lawmakers could draft another 'silly' law and tell them to go to hell.
Would Bush send in the troops?

[swilhelm73]

Interesting that you ignore the rest of posting, pointing out the fact that the Supreme Court is insulated from normal democratic procedure and checks and balances, as it shreds your earlier statement.

The court, which can and does, with the mere will of five unaccountable men, or women, overrule both the executive and legislative branches, and rewrite the Constitution itself. This makes it easily the most powerful of the branches of government - and this is why it was not given the power of judicial legislation in the Constitution.

You have, however, indeed hit on the court's one potential weakness - the lack of a direct mechanism for enforcing its fiats and decrees. I've actually been working on and off on an article that address just this point...

This weakness is completely theoritical, however. At the federal level no one since Jefferson has seen fit to tell the Court they will not enact unconstitutional Supreme Court decisions. And in the current scheme of government followed by both the Dems and Reps there is no such option.

So to return to the world of what is and what is possible, what avenues are there for the people to stop the overarching power of our rogue Supreme Court?