The too-rare assertion of these powers is, of course, due to the almost complete gutlessness of legislatures, federal or state.
There were a couple of flaws in the Constitution as drafted, the first observed in 1800 and corrected by the 12th Amendment, but the principal flaw -- still exstant, dammit -- is the Constitution's making of the removal of ANY federal official so difficult. Impeachment and removal by supermajority ONLY?? Faugh!
On the simple and accurate presumption that 5% of people, at minimum, are either corrupt or incompetent, the Constitution should have embodied some sort of provision calling for the culling of such federal officials every year or every other year. The problem here, of course, is how to keep such provision from being "gamed" by the corrupt bastards in DC to, by design, cull the honest and competent folks.
Any ideas?
In all the other Cases before mentioned, the supreme Court shall have appellateJurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
It would certainly make sense to make legislatures have the final say since they are made up of elected people instead of appointed (altho if memory serves some bodies weren't elected by the people at the founding) but unlike a president (or governor) where people could make a mistake and put 1 idiot and/or a melovolent in charge (like Obama who is IMO both) with a legislature there are numbers so at least some of them should be competent/decent.
As far as Ideas. term limits has lost it's momentum, but I can say I cannot stand seeing politicians making 40 and 50 year careers out of what should be a temporary job. granted that might get rid of some of the very few good ones. But IMO so be it, nothing is perfect.
I believe Bork had the idea that congress could overturn a supreme court ruling with congressional supermajorities. Seems like a good one, esp if the supermajority is not insurmountably large.
Lastly, one of my own-- one lowly judge, should not be a able to say, for example, gay marriage is unconstitutional and then its just wiped out even if a pres and congress said otherwise. It should at least have to go all the way through the appeals process to the supreme court before any change occurs.
Unfortunately with people being imperfect there will never be a perfect system. A democracy can only be as good as its people and our people are failing (granted a lot of that has to do with the media that is unerinforming/misinforming them, but still they are failing)