Does our current status quo make our Constitution a suicide pact? Thomas Jefferson certainly thought it could be, warning that accepting judicial supremacy would make our founding document just that, a felo de se, as he put it in Latin.
Acceptance of judicial supremacy, by the way, is precisely why President Trump’s temporary ban on immigration from seven Muslim-majority nations is on hold. Imagine that, Alexander Hamilton wrote in The Federalist, No. 78 that the judiciary is the “least dangerous” branch of government because it “has no influence over either the sword or the purse.” Yet it’s trumping the man with the sword: the president. Does it have to be this way?
No, Trump could simply ignore the court ruling suspending his ban.
Outrageous!? Unconstitutional!? Actually, it’s wholly constitutional.
In his dissent from the 2015 Obergefell v. Hodges marriage ruling, the late Justice Antonin Scalia warned that with “each decision… unabashedly based not on law,” the Court moves “one step closer to being reminded of [its] impotence.” What did Scalia know about courts’ power?
That it’s basically an illusion.