Daniel Horowitz, in his must-read book Stolen Sovereignty: How to Stop Unelected Judges from Transforming America, predicted this sort of scenario and offered a number of steps to combat an unbridled Judiciary. Among them are:
1. Limit the jurisdiction of the Supreme Court per Article III, Section2, Clause 2 of the Constitution, which explicitly grants Congress the authority to regulate and limit the appellate jurisdiction of the Supreme Court. Even the first Chief Justice, John Marshall, acknowledged that the court has no jurisdiction other than what Congress grants it (except for a few spheres of original jurisdiction per Article III).
2. Abolish or severely curtail judicial review for the lower courts as the Congress created and can break, divide, or regulate them at will. Per Article 1, Section 8 and the judicial vesting clause of Article III, Section 1, the legislative branch has full authority over the creation of all courts below the Supreme Court.
3, Defund enforcement of unconstitutional court decisions. As noted above in Federalist 78, Hamilton was unconcerned that the Courts would become all-powerful as they had no means of enforcing their decisions. Therefore, the executive branch could simply refuse to enforce their edicts and the Congress could cut off funding for enforcement in reaction to the court’s absurd behavior.
4. Congress can redraw and change the boundaries of the circuit courts or even eliminate them entirely if they care to and create new ones with new judges.
If that doesn’t work, arrest them for Treason.
CAN JUDGES BE ARRESTED IN THE UNITED STATES?
Yes, of course.
From the Constitution “Treason against the United States, shall consist in adhering to their Enemies, giving them Aid and Comfort.” The enemies are the Terrorists to which the Ninth Circuit is giving aid.
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