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NEWS & CULTURE

The Supreme Court’s Power Is Fake

Leeja Miller | October 27, 2026



Kikoff is giving my audience 80% off your first month (that’s as low as $1 for your first month with the discount!). Go to https://getkikoff.com/leeja | Judicial supremacy is bad for democracy, and the outsized, unchecked power of the US Supreme Court has no basis in the Constitution. In fact, the case that established the power of judicial review, Marbury vs Madison, incorrectly quotes the Constitution. Based on this lie, the court has expanded its power to outsized proportions since the initial decision in 1803.

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Written by Leeja Miller

Comments

This post currently has 20 comments.

  1. @fattybiscuit3495

    October 27, 2026 at 12:24 am

    I just had my own constitutional law midterm (it went…ok). It's a bit disheartening to find out that the court's ability to decide all these cases I had to learn is kind of bunk. Here's hoping the midterms play out (and yes i'm voting).

  2. @Randoplants

    October 27, 2026 at 12:24 am

    I knew this was bunk the moment I learned about it in school. I kept wondering, ‘But what if there are corrupt people in the roles who entrench themselves?’
    The explanation I was given: Not being subject to elections means the justices can be impartial.
    My first thought: ‘What if they aren’t impartial?’

  3. @ghohenzollern

    October 27, 2026 at 12:24 am

    Also. I'm confused about kikoff. From what little detail you describe, it sounds like they are effectively a service you pay to increase your credit score. While I could see that being a heck of a lot more reliable and inexpensive than having access to a credit card, at the same time it kinda seems like a shakedown scheme. If everyone can simply pay to get better credit doesn't that risk a future in which only the rich can afford to have good credit? Isn't the whole point of credit for less rich people to be able to get loans by proving they can be responsible with their money? But you can now just pay someone off to say you're good with money, because, I guess, you had enough money to pay them off?

  4. @ghohenzollern

    October 27, 2026 at 12:24 am

    I'm confused here. Given the supreme Court can overrule any lower court, doesn't that basically grant it the right to do so on the basis of the Constitution, effectively striking down laws? If not, then how is the Constitution any better than any other law? What is there to stop Congress from passing laws that effectively invalidate key constitutional protections, because they happen to be unpopular at the moment? I like your suggestions about ways that Congress could check supreme Court power, but I don't see you saying why Congress would ever be so magnanimous, when they could just grab all the power for themselves? Having said that, I do think that the supreme Court has over time earned a great deal of respect and that is what their real power is based on. And it is important for people like you to point out that they are losing our respect, to the extent that people are talking about trying to officially take away some of their power. Ideally, this should give them pause before making the kind of ridiculously unpopular rulings they have been recently. Unless, perhaps, idealogues on the court see ways to get their way regardless of how much power the court has, by handing over that power willingly to a temporarily aligned Congress.

  5. @Robert_Douglass

    October 27, 2026 at 12:24 am

    This is because Money has always been Power for as long as money and power have both existed. That's why 90% of politics is economics to begin with.

    What needs to occur is a separation of Money from Power, a divorce between the two, and this can only happen through a redefinition of power. We do not confer POWER on our elected representatives or executive agents, we CHARGE them with RESPONSIBILITY to carry out our will. Somewhere along the way American government forgot that basic principle, or else we'd have responsibility shifting from hand to hand far more frequently than it has been. We need public officials to be able to call for a regional or national plebiscite to hear the direct voice of the people in certain matters, and to call for a vote of no confidence in cases where a representative or an executive agent is acting in contravention to their mandate of responsibility as conferred upon them by their people. But because what we have is a system where currency equals voting power, we have an aristocracy of unaccountable billionaires and even one trillionaire as a veritable king over all the world.

    And suddenly we're all sympathising with the French peasantry of the 1790s, in that there is a genuine sense of frustration that no force of law can turn this around and give people back their power, that we must once again remind the nobility what "consent of the governed" ultimately means once every other recourse has been expended.

  6. @ChuckDasa

    October 27, 2026 at 12:24 am

    It is such a joke that the US is so absurdly broken and yet their leaders (yes Democrats AND Republicans) feel like they should (some "god" given right) police the rest of the world.

  7. @atursmor

    October 27, 2026 at 12:24 am

    I'm mainly laughing at the fact you show up to the news in a plain T-shirt, and somehow the stethoscope is supposed to make you look more professional. Just lightly heckling, that's all.

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