Legislative override of SCOTUS

Let me simplify this for you: the three Supreme Court cases you cite do not, in any way, support "your plan." I will address them one-by-one. I suggest you read any case you cite prior to using them for any force of argument. Wickard v. Fillburn: This case, in fact, entirely undermines your position. I touched on this in my first response to you. The Supreme Court upheld LEGISLATION in this case which purported to extend federal jurisdiction to regulate acts which affect the national market. The Supreme Court tortured the reading of the Commerce Clause simply to fit "the will of the people." Your plan, in not one way, would cure the effects of this case. In fact, your position SUPPORTS this particular case. After all, striking down duly enacted legislation would be "judicial supremacy." The next case you cite, Cooper v. Aaron, likewise does not support your plan. This case is a school desegregation case following Brown v. Board of Education. In this case, the Little Rock School District adopted a plan to desegregate Central High School. On the first day of school when nine black students were to attend, the Arkansas governor ordered national guardsmen to block those students from entering. In response, the School District petitioned a federal district court to delay desegregation for 2.5 years. The District Court granted such petition due to the State action. The Appeals Court reversed, and the Supreme Court upheld the Appeals Court's decision. In this case, the Court made no law, nor struck down any legislation. It, instead, passed on EXECUTIVE action. What action? The barring of students from a PUBLIC school based on the color of the students' skin. The 14th Amendment to the United States Constitution explicitly allows for equal protection under the laws. This is a clear violation of the 14th Amendment. Moreover, the US Congress had already passed in 1871, what is today 42 USC s. 1983 which reads: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges [i.e., PUBLIC SCHOOL], or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer"s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia." This LAW was passed by CONGRESS almost 90, again 90, years before this Supreme Court decision. This is not an example of Judicial supremacy in any sort of the word. The governor's actions were repugnant to and an assault on our Constitution as amended by the 14th Article. And, finally, Roper v. Simmons: This was an analysis of the 8th Amendment as incorporated in the 14th Amendment against the States. This bars punishment which is cruel and unusual. In this case, the Court used the "consensus" approach (i.e., if the consensus is not to use it, then it's "unusual") of how many states allowed for the execution of children, and how often it was actually happening. The irrefutable conclusion is that the execution of children had fallen into disfavor. The Court then decided whether the punishment was proportional to the crime. Given the minority status of people under 18 in the states with regard to marriage, liquor, voting, etc., the Court decided execution was not a proportional crime to execute any child - for the same reason the Court forbade the execution of those who are mentally retarded - they are not sufficiently competent. The Court did employ puffery that it went against its personal judgment, but that really has no effect on the balance of the underlying analysis. This is fairly typical 8th Amendment analysis. The Heritage Foundation is WRONG. Justice Kennedy did not use a treaty to support his case. The Attorney General of Missouri used the treaty to support HIS case. Kennedy simply refuted his contention. That claim is erroneous and intellectually dishonest. They rely almost entirely on whether the STATES had consensus on executing children. The only case you cited which even had a tangential connection to your plan was Wickard v. Philburn, which actually augers in your disfavor. The Court should have OVERRULED the "will of the people" in this dramatic expansion of federal legislative and executive authority. The latter two cases were clear applications of constitutional provisions which were in line with federal and state legislatures. Now, you contend your plan does not give the Executive more authority. I disagree. Take Wickard v. Philburn as an example. When there is an expansion of LEGISLATIVE POWER, there are MORE LAWS to EXECUTE. A fortiori, any expansion of legislative power NECESSARILY expands executive power. That is irrefutable. Sir, this is your debate, not Mark Levin's. It is not incumbent on me to search out his book, read it, and then address his argument. You must present it or forfeit that point. You have presented no evidence which indicates the Supreme Court has in any way "made" law or "changed" the meaning of the Constitution. You have failed to present a problem with the status quo, and therefore your plan is moot. And, in arguendo, suppose the status quo is as fatally flawed as you suggest, you have failed to address why Article V is not a proper solution. The fact remains, Congress and the several States have a mechanism to nullify Supreme Court decisions. It has not happened. The absence of such action (in the face of 27 instances where the process has been used) suggests your theory of a tyrannical Supreme court is, at best, overblown. Finally, I want to reiterate, the only instance you provided where the Court did not act in fidelity to the Constitution was when it UPHELD LEGISLATION.