You might as well say the constitution is based on words, so we can do whatever we want.
Here's the legit deal: The judges get judicial power. Guilty or innocent, sentencing.
The feds, congress get enumerated powers.
The states get anything else that isn't outright forbidden to them (ex post facto laws, for instance.)
Anything left after that goes to the people.
See how those powers slide in a very particular direction? See why it's downright silly to claim that they magically slide UPHILL to the judiciary, when there's no such indication, anywhere, that such is the case? AND, to hammer it home, the thing explicitly says that if it's not in here, it belongs to the states or the people. There is NO authority for SCOTUS to do most of what it does. None whatsoever. And hell, even if there were, there they go rubber stamping the inversion of the commerce clause, ex post facto laws, rights violations left, right and sideways... you're looking right at them, and you don't see what they've done to you, and the rest of us. Pity.
This is all about direct usurpation of power that belonged to the people, frankly. Although we still have just the barest sliver of it left, which we can apply via jury nullification. Although, as you probably know, we're not even allowed to talk about that in court because judges(!) don't like it. Funny thing, that. Judges. They seem to be doing a lot of unauthorized things, don't they?