Let’s consider corrective measures. First: judicial reversal. Dred Scott, Plessy vs. Ferguson, Brown vs. Board of Ed — if history is a guide, cleaning up after Kennedy may take a half century. Second: ignore the ruling, as did the feds at least once before (the Trail of Tears). Not practical. Third: state remedies, as for the Kelo disgrace. Irrelevant, but keep reading. Fourth: FDR tactic — pack the highest court, get it to reverse pronto. Silly; did not work the first time.
So how about a constitutional amendment, making the waging of war an exclusively executive function, and removing its conduct from the jurisdiction of the federal courts? Would enough state legislatures go for it? (Somebody around here must have some common sense!) Opinions and predictions, please.
