Demon has no idea how separation of powers works, or how to overrule SCOTUS. His argument is typically liberal emotionally based.
Did you READ this?
He is dead on about what needs to happen and why SCOTUS has exceeded its authority for a very long time.
Demon is right in his basic idea, that a system of law cannot function if one and only one party gets to define what the law is on a case by case basis.
Our Founders were wise enough to create a 3 branch system of government with:
1st the legislator being required to pass laws and finance enforcement.
2nd the executive being required to choose to enforce the law.
3rd the Judiciary being willing to find those brought before it by the executive guilty of having broken the law.
In this system of co-equal branches no one branch of government can tell the others what the Constitution is, but they all took exactly the same oath to uphold the constitution if Limited powers with their respective authority.
That means:
1: The legislator should not pass a law or fund any executive or judicial action contrary to the Constitution in its opinion.
2: The executive should not cary out and enforce any legislative act, or judicial order contrary to the Constitution.
3: The Judiciary should not find guilty any man charged by the executive of breaking any law made by the legislator which is contrary to the Constitution.
All of theses Constitution enforcing activities by each branch are within their respective powers and roles under our system. The problem of the last 50 years is the presumption of one branch(the Federal court) to have the exclusive power to command the agreement and behavior of the other 2 branches in defining its version of law and/or policy.
That means there is no constitution but that which the court writes and rewrites on a case by case basis. Thus in practice No rule of law at all.