[sguenzl]

So it seems then that if someone is going to complain about the unintended, modern power of the Supreme Court, they should direct their ire not at the Supreme Court, but at those who choose to follow its decisions when they are not bound to do so. If the federal executive, federal legislature, and state governments have decided to be bound by Supreme Court decisions, that’s not the Supreme Court’s fault. Just like a call to states to grow a spine and exercise true federalism, one could say that all branches should grow spines and exercise their true constitutional obligations. I doubt Ruth Bader Ginsburg is going to show up with a shotgun to enforce Supreme Court decisions.

[sguenzl]

Professor Gutzman, are you saying that it was always intended through Article 3 that the Supreme Court makes decisions on whether a piece of federal legislation is constitutional, but that it was not intended that this bind any other branch of the federal government, or the states? Thus the Supreme Court would be issuing only advisory, as opposed to enforceable, opinions?

[Author]

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