The Supreme Court only has the power it does because the legislature has been dysfunctional. Most of their terrible decisions are not based on the constitution, but rather their interpretation of laws written by Congress. Congress can easily override them by passing a law saying “No, that Is not what we meant”.
The Supreme Court only has the power it does because the legislature has been dysfunctional. Most of their terrible decisions are not based on the constitution, but rather their interpretation of laws written by Congress. Congress can easily override them by passing a law saying “No, that Is not what we meant”.
An incompetent Supreme Court would fit your argument.
But what about a malicious court doing destructive things a paralyzed congress could not possibly fix?