This is an idea that I've been batting around for a while now. I still think that this could work, but it would take a lot of implement it. This was posted January 21st, which was shortly after I had the initial idea. Any thoughts:
It is my belief that in this country, the Supreme Court has too much power. This is becasue the only way to overturn a Supreme Court decision is with either another Supreme Court decision or with an ammendment to the Constitution. There are three effects of this particular check:
I. This allows things that the Constitution is not supposed to address ending up in the constitution. This includes Prohibition, and anything to do with marrige (marrige belongs to the states anyway). The Constitution is merely supposed to express how the government is supposed to work. Therefore, Supreme Court decisions that are not supposed to be Constitution issues to be made policy simply by the Court inserting the term privacy in an issue.
II. Ammending the Constitution is really hard. Therefore, if the Supreme Court begins to abuse its power, we have basically have to weaken what the Constitution stands for to get any reform.
III. Even if we ammend the Constitution, We have to be so precise in the wording so that they just dont interpret it the way they want. Loose interpretation is their main weapon anyway. It's not a very affective means.
Proposal: Naturally an ammendment to the Constitution in the form of adding a new check. This is my proposal, that any Supreme Court decision can be brought before Congress, and with some vote like 2/3s or something, the Congress can declare the issue to be "beyond jurisdiction". By doing so, they nullify all Supreme Court decisions, as well as any federal laws that have been based upon this issue. Basically they claim this matter to only be a state issue. Furthermore, only the president can, in fact, bring the matter before the Congress.
There are still a couple of matters to be ironed out. For instance, how can such a decision be undone given the initial decision was rash. I had another, but I forgot it now.