Of course the problem, as Matt Lewis points out, is that we’ve allowed the courts to assume a position above the Legislative and Executive branches, in effect allowing them to rule any attempt to rein them in as unconstitutional.
But that’s not a problem with Gingrich’s idea so much as it is with the power we’ve allowed the the courts to accrue: what we have in this country is a kind of occasional oligarchy, with the SCOTUS, when pressed, acting as philosopher king. That they do so frequently among sharply divided political lines speaks to some problem with the contemporary nature of legal thinking in this country.
Another problem is that we’ve become so civilized, that when Nancy Pelosi lies right through her snot-hole, it’s now bad form to hang her on a hook in the town square for all to see what happens to someone who is given a measure of power and abuses it.
It’s a re-hash of the John Goodman Joist Reform plan – “Take out bad wood, put in good wood.”