Gingrich's Court-Sacking Plan: When Two Out of Three Is Bad - Jacob Sullum

http://reason.com/blog/2011/12/19/gingrichs-court-sacking-plan-when-two-ou?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+reason%2FHitandRun+%28Reason+Online+-+Hit+%26+Run+Blog%29

Congress and the president, of course, enacted the Patient Protection and Affordable Care Act together. Since that is always true for acts of Congress, Gingrich is essentially saying there is no judicial solution to unconstitutional laws. The only hope is that elections will either put someone new in the White House or (as in this case) change the makeup of Congress so that it might stop the president from implementing a law approved by an earlier Congress. In effect, the Constitution prevails only when an electoral majority allows it to prevail, which radically undermines its strength as a check on the popular will.