[Paleo Conservative]

t's basically what a constitutional ammendment does now

Except that I would omit the involvement of the House and Senate; they are part of the problem. Quite a number of Supreme Court decisions are made favoring concentration of power in Washington DC and against the states. If the Supreme Court knew that it's decisions could be overturned by the collective actions of a supermajority of the states, there would be a greater incentive for moderation in the decisions of the Supreme Court.

[Antoninus]

If the Supreme Court knew that it's decisions could be overturned by the collective actions of a supermajority of the states, there would be a greater incentive for moderation in the decisions of the Supreme Court.

Another major benefit. This is our only check on a rogue Supreme Court. Why not use it and teach them to knock of the extra-legal judicial activism?

[templar]

xcept that I would omit the involvement of the House and Senate; they are part of the problem

This would require some other binding governmental forum. How would you ever get 38 States, acting independantly of each other, the pass exactly the same legislation? Remember, if the legislation wasn't exactly the same, they would not be passing for the same legislation.

Proposing a change that would put Congress out of the picture in the States collective actions would fundamentally change our way of government. I doubt the change would be for the better (it would take, in effect, a new Constitutional convention)