So you are suggesting that a supposedly co-equal branch of government possess the power to change the constitution without an amendment process?
It has long been noted that they do exactly this, but it's surprising that you are expressing any hint of recognizing it.
No, the Supreme Court doesn't get to modify the constitution either. That they have been doing so is an usurpation. They have indeed revealed themselves to be the threat that Jefferson said they were.
I’m not suggesting anything. I’m stating uneqivocally that ever since Marbury v Madison in 1803 the Supreme Court has excercised the power of judicial review and the other two branches of government have ceded that power and authority to the judicial branch.
Judicial review is the power of constitutional interpretation, not alteration.
When one interprets something, they do not change it, they explain its meaning.
“Judicial review is the idea, fundamental to the U.S. system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch. Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. Judicial review was established in the classic case of Marbury v. Madison, 5 US 137 (1803).”
No presidential or vice presidential candidate from the Republican, Libertarian, Constitution, Green, Peace and Freedom or America’s Parties
in either 2008 or 2012 challenged Obama’s eligibility. No member of Congress filed suit or entered an existng suit as a co-plaintiff. No state’s Governor or Secretary of State challenged Obama’s eligibility and no state’s legislature filed suit against Obama as ineligible.