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Notes -
The answer to your hypothetical is already in the constitution under Article V.
The governance issue is choosing the venue for public policy debates. Perhaps the policy issue is whether to have an exception to the first amendment for anti-social speech. The trade-off is that if the government gets to decide what is "anti-social speech" the ruling party will attempt to consolidate power by declaring that the opposing party's talking points are "anti-social speech" and banning them.
The constitution currently goes 100% on not letting the government consolidate power by limiting speech, and 0% on banning novels and films that celebrate degenerate anti-heroes. Is that the right trade off? Maybe. I'm not sure about the policy issue. But the governance issue seems clear enough, the public policy discussion takes place in a constitutional convention, not the Supreme Court. That might seem obvious. If the Supreme Court balances public policy trade-offs themselves, that replaces the Republic with a Kritarchy.
But there is a second, more subtle issue. Contemplate the likely arguments in a constitutional convention. There will be those who are sick of the mass media pushing degenerate narratives and wish to grant the government broad powers against "anti-social speech". There will be those who are terrified of the dangers of such powers and want a narrow amendment that only grants congress the power to ban speech that advocates shoplifting and porch-piracy.
Let us suppose that it is the narrow amendment that is passed. Congress decides that calls for reparations are in really just a nudge and a wink for shoplifting and bans it also. Those who advocate for reparations sue, claiming that there remaining free speech right are being violated. Do they get to have their case heard by an independent tribunal? The traditional idea is that the Supreme Court is that independent tribunal. The constitutional convention thrashed out a deal. Yes to restricting speech, but narrowly. Who upholds the deal? The Supreme Court.
What is supposed to happen if the Supreme Court is debating and making the trade-off? One idea is to have a Super-Supreme-Court. Once the Supreme Court has decided that some speech restriction are permitted, who hears cases claiming that speech restrictions are too restrictive? The Super-Supreme-Court! But this is getting silly. On the other hand, if the case is hear by the Supreme Court itself, does it hear the case as though its previous ruling were carved in stone, or does it revisiting the issue, acting as free-wheeling kritarchy that makes it up as it goes along. What a mess!
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