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Popular mythology holds that the only way to curtail the reckless adventurism of the Supreme Court and the rest of the federal judiciary is to amend the Constitution to undo bad decisions and to prevent the courts from making new ones. The myth ignores the founders' foresight, which provided a remedy, short of a constitutional amendment, to rein in a runaway judiciary. It is found in Article III, Section 2.
A most stunning and timely illustration of the misunderstandings surrounding this popular myth is the effort to amend the Constitution for the purpose of preventing the federal judiciary from declaring homosexual "marriages" to be constitutionally protected. ...