Originally posted by Frank Ettin:To be sure, the People can exercise a form of ultimate authority through the political process by electing representatives who will enact laws which can, within constitutional limits, modify the effects of court decisions. This was illustrated not too long ago by the case of Kelo v. City of New London, 545 U.S. 469 (2005) as an example of this phenomenon. It was a ruling on a technical point of eminent domain law (specifically involving the "takings" clause of the Fifth Amendment applied to the States through the 14th Amendment and the meaning of "public use"). The result was found to be unsatisfactory by many. As a consequence, the legislatures of 42 States revised those States' eminent domain laws to avoid a Kelo result. "Checks and balances" at work.
And if the manner in which courts apply the Constitution is sufficiently unsatisfactory to enough people, we can, through the political process, seek to amend the Constitution, as provided in the Constitution.