[Pecos]

We know that all earthly power corrupts, and when that power has the opportunity to affect a larger group of people (such as the Federal level of government) it tends to corrupt more completely. Ever since Chief Justice Marshall decided that the Supreme Court had the ultimate power in this country, we have had the threat of a judicial oligarchy. That threat has been elevated from a risk to a reality. No matter who you vote for, the real power is in the judicial branch.

I do not have a solution to this problem. I just felt duty-bound to point it out. Some will say that electing the "right people" to office is the answer, but I must point out that at best this is a band-aid solution to a catastrophic wounding of the Constitution. A more formal solution is required. Your suggestions would be appreciated.

[Jacquerie]

Yes, unopposed power will corrupt absolutely. Scotus and even lower federal courts are corrupt thanks to a congress neutered by the 17th Amendment.

I have no problem w/Judicial Review. The Framers spoke of it at the Federal Convention and I recently ran across reference to it from a Madison speech to the House on June 17, 1789:

“I acknowledge, in the ordinary course of government, that the exposition of the laws and Constitution devolves upon the judicial. But, I beg to know upon what principle it can be contended, that any one department draws from the Constitution greater powers than another, in marking out the limits of the powers of the several departments.”

Until 1913, the states protected themselves and their people from judicial oligarchy. The 17th Amendment so much as repealed the 10th.

There can never be sufficient will in a popularly elected congress to utilize its enormous Article III and impeachment power against tyrannical judges.

My suggestion, which I hammer at my blog, is to repeal the awful 17th Amendment, which can only happen through an Article V Convention of the States.