Exercising the Amendment Power to Disapprove of Supreme Court Decisions: A Proposal for a Republican Veto

Abstract

Professor Baker expounds on the shortcomings of the modern Supreme Court, specifically the rise of indeterminate jurisprudence relying, not on the Constitution, but five justices’ votes to determine the supreme law of the land. To combat this, he proposes liberal use of a so-called “republican veto” whereby Congress immediately passes constitutional amendments repealing an unpopular Court decision, to be approved within six months to one year by the states. Professor Baker then expounds in detail on the likely form that the process would take and answers criticisms of the proposal.