Source. (americanthinker.com)
However, there are remedies if the Supreme Court continues to allow the inferior courts to usurp the powers of Congress and the president. Congress, if it could get over its fractious tribalism, can:
- 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.
- Redraw and change the boundaries of the district and circuit courts or even eliminate them entirely if they care to and create new ones with new judges.
- 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.
[Source.](https://www.americanthinker.com/articles/2025/03/the_founders_provided_remedies_for_a_runaway_judiciary.html)
>
However, there are remedies if the Supreme Court continues to allow the inferior courts to usurp the powers of Congress and the president. Congress, if it could get over its fractious tribalism, can:
>
1. 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.
2. Redraw and change the boundaries of the district and circuit courts or even eliminate them entirely if they care to and create new ones with new judges.
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.
Login or register