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There are other basic protections built in to attempt to prevent turning on a dime in a bad direction, as decided by the legislative and executive branches. Sin
by daxelrod 16y ago
There are other basic protections built in to attempt to prevent turning on a dime in a bad direction, as decided by the legislative and executive branches. Since the Court has no enforcement powers of their own, an unpopular turn away from the appearance of consistency could result in a toothless ruling and a constitutional crisis.
Let's use your example, the Court suddenly ruling to overturn the current interpretation of the Commerce Clause. Assuming "current" means "1964 and later", this would also overturn the Civil Rights Act. The CRA was based upon the Commerce Clause, and Heart of Atlanta Motel v. United States (1964) upheld its broad definition of interstate commerce [1].
I would have a hard time believing Congress would follow along with a ruling that simultaneously overturned a hugely popular law and decreased their powers. (However, I am aware that there have been a few rulings that might be counterarguments.)
[1]Epstien, Walker. Constitutional Law for a Changing America: Rights, Liberties, and Justice 5th ed. Page 658.