We need a Constitutional Amendment that stipulates the US Senate may review the Supreme Court's decisions: with a simple majority needed to affirm or remand, and a super-majority to over-rule and render a Senate decision.
Not necessary. What is necessary is for congress to grow a spine and implement constitutionally prescribed remedies.
--All courts below the Supreme Court are creatures of the legislature. What so ever the legislature giveth, the legislature taketh away. Don't like the crap coming out of the 9th Circuit court of appeals? Bust it up. Make two or three courts out of it. And in doing so congress can appoint legal minds of its liking.
--Justices can be impeached. Again it would take the growth of a spine.
--Third, congress is granted the power to remove the right appellate jurisdiction from the Supreme Court. Article III, Section 2 spells out the provision. Again it would take a spine because someone would have to answer how come it was not used until this point.
Relevant Documentation
US Constitution Article III, Section 2, Paragraph II
quote:
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"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. "
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Case law of interest:
Ex parte McCardle, 74 U.S. 506 (1868) (USSC+)
http://www2.law.cornell.edu/cgi-bin...historic/query=
From the Syllabus
<snip>
"The case was this:
The Constitution of the United States ordains as follows:
§ 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
§ 2. The judicial power shall extend to all cases in law or equity arising under this Constitution, the laws of the United States,
&c.
And in these last cases, the Constitution ordains that,
The Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make."
<snip>
Congress has the power to control an overbearing, tyrannical supreme court. It has failed to do so.
Other THR threads dealing with the same topic:
http://www.thehighroad.org/showthread.php?s=&threadid=83313&highlight=mccardle
http://www.thehighroad.org/showthread.php?s=&threadid=81888&highlight=mccardle