Comment Re: FFS (Score 1) 398
That's somewhat of a stretch to say, considering that the language in Article III isn't as explicit as you claim
I never claimed it to be explicit, I merely pointed out that Article III vests the judiciary with the power to resolve cases and controversies arising under the Constitution. Judaical review stands to follow from that; if you dispute that Congress has the power to do X where else do you turn but the Judiciary?
This gives the court vastly more power than intended (as supported by Jefferson's words on the case) and has no effective check in any other branch (which makes it stand out as suspect anyway).
No effective check? Congress could increase the size of the court tomorrow and the President could appoint new members. It's been suggested before. Congress can also impeach Justices, if push comes to shove, for whatever reason it wishes, and there's no effective check on this power.
I really don't understand where you're coming from with this whole line of argument, except that you're sore over a few high profile cases. I'm sore about some of them too but I'm not ready to undermine one of the branches of Government because of it....