I really don't want this to become political, or to talk about one party or candidate or another. This is just a question I had, and would like an honest answer to.
Let's say it's 2060. The Nike Party (so named because much of their platform involves sneakers. Either way, the political parties have become extremely polarized and partisan in all their votes. ) has seized control of the House, the Senate, and the White House. At the same time, a number of the Supreme Court justices have recently retired or passed away, allowing the Nike Party President to appoint a staggering 5 justices to the Supreme Court. The Nike Party now has overwhelming control of the Legislative, Judicial and Executive branches of the government.
Is there anything that would prevent the Supreme Court from completely ignoring, revising, re-interpreting or just plain throwing out the Constitution? Let's say that the Nike-heavy court overturns a number of decisions: Roe v. Wade, they interpret the 2nd Amendment to mean that only militia/army/police can own guns, they say that the 1st Amendment DOESN'T apply to speech, religion or assembly that they don't like, tell us that ANY naked picture of ANYTHING is pornography, force the teaching of Creationism only in schools, give the US vote to all citizens of the world, repeal all term limits, etc... Is there any kind of check-and-balance that would prevent this kind of one-party takeover, besides voting them out? (and I know that voting them out wouldn't work for the SC.)
I want to put a quick disclaimer on this. I tried to make my fictional court decisions completely fictitious and even a little silly, to keep people from implying that I'm talking about one party or another. I'M NOT. This is just an honest question I had about the US Gov't, and I didn't know the answer. Discuss.
Let's say it's 2060. The Nike Party (so named because much of their platform involves sneakers. Either way, the political parties have become extremely polarized and partisan in all their votes. ) has seized control of the House, the Senate, and the White House. At the same time, a number of the Supreme Court justices have recently retired or passed away, allowing the Nike Party President to appoint a staggering 5 justices to the Supreme Court. The Nike Party now has overwhelming control of the Legislative, Judicial and Executive branches of the government.
Is there anything that would prevent the Supreme Court from completely ignoring, revising, re-interpreting or just plain throwing out the Constitution? Let's say that the Nike-heavy court overturns a number of decisions: Roe v. Wade, they interpret the 2nd Amendment to mean that only militia/army/police can own guns, they say that the 1st Amendment DOESN'T apply to speech, religion or assembly that they don't like, tell us that ANY naked picture of ANYTHING is pornography, force the teaching of Creationism only in schools, give the US vote to all citizens of the world, repeal all term limits, etc... Is there any kind of check-and-balance that would prevent this kind of one-party takeover, besides voting them out? (and I know that voting them out wouldn't work for the SC.)
I want to put a quick disclaimer on this. I tried to make my fictional court decisions completely fictitious and even a little silly, to keep people from implying that I'm talking about one party or another. I'M NOT. This is just an honest question I had about the US Gov't, and I didn't know the answer. Discuss.