Where Texas Gov. Abbott’s proposed constitutional amendments go off-track

Where Texas Gov. Abbott’s proposed constitutional amendments go off-track

[Ed. – Neither agreement nor disagreement is signified here, but getting this whole topic out for discussion is a major step in the right direction.  Abbott is doing a great service to the nation, and the voters of Texas did a great service by electing him.]

Abbott is extremely worried about the Supreme Court of the United States’ ability to “create law” when they have no right to. … Abbott’s solution is simple: allow a two-thirds majority of the States to override a U.S. Supreme Court decision through an assembly of states (emphasis mine).

But once the super-majority requirement is met, the assemblies could overturn the Court’s decisions in whole or in part. They could overturn the Court’s decisions retroactively or prospectively. They could vitiate the precedential effect of the Court’s decisions and remand cases to the Supreme Court for further proceedings. In short, the assemblies would restore the people—rather than five unelected jurists—to the role of the truly supreme arbiter of the Constitution. …

The problem is Abbott forgets what could happen if the wrong people get in power. …

The other problem with Abbott’s proposal is the idea there should be a super-majority of seven votes in all Supreme Court cases.

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