[The Great RJ]

Interesting idea, but I am more and more favoring a state called constitutional convention as advocated by Mark Levin to address these and other issues.

[cotton1706]

To limit the judiary’s power, the executive and the legislative must have the will to just ignore their “opinions” when it’s warranted.

For example, during the Bush administration, the congress and the president, through the law, limited the jurisdiction of the judiciary on some war on terror matter. The Supreme Court ruled anyway and both the Bush Administration and the Congress complied with their “ruling” though they had no jurisdiction to rule.

If there is no pushback, i.e. limiting juriscictions, ignoring opinions when they exceed their authority, then the courts will just sieze more and more power. It’s the natural order of things.

[cripplecreek]

I’m a lot more concerned about the out of control power of the presidency and an attorney general who acts as personal prosecutor/defense attorney of the president.

[ALPAPilot]

a) John Marshall didn’t invent Judicial Review out of thin air, Alexander Hamilton mentions it in Federalist 78. He pointed out that it is implied in the Constitution.

b) The problem is not that the Supreme Court finds laws unconstitutional, it is that they do not find more unconstitutional.

c) All three branches of the government have overstepped their authority. If the people accept it, the blame rests on them.

[oldbrowser]

The only problem is that the congress is more messed up than the supreme court.

Of the three branches of government: legislature, administration, and judicial; none of them are functioning very well.

[NVDave]

I’ve got a better idea:

How about we impose a death penalty (public hanging would be nice) for all elected or appointed officials in the federal government who swear to uphold and defend the Constitution... and then use the Constitution as toilet tissue, justifying same with the usual BS we hear today?

There would be more than a few SCOTUS justices who would end up as worm food pretty quickly under my system, starting with the current Chief Justice.

[KrisKrinkle]

In the article:

There is no mention of judicial review in the Constitution.

And:

Article III, Sections 1 and 2 of the Constitution state:

Section 1.

“The judicial power of the States, shall be vested in one Supreme Court, and in inferior Courts as the Congress may from time to time ordain and establish…”...

The question begged is: Does "judicial power" include the power of "judicial review" or not?