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I've seen no one that is seriously arguing that '--- the Constitution gave the judiciary power to legislate, or to dictate for the other branches what is, or is not, constitutional.'
True enough, "-- That is a power they left with the people, according to the Ninth and Tenth Amendments -- "

Given the assumption of a federal government limited to a specific set of enumerated powers, what choice do they have? If Congress attempts to act outside the scope of those powers, then finding that action unconstitutional is implicitly turning the decision over to the people. They alone hold the authority to expand the powers of Congress, and there are specific and explicit means provided for doing just that.

It does not do the judicial revue position any good to hype the Marbury opinion as the beginning of "Judicial Tyranny"..

I've seen no one that is seriously arguing that '--- the Constitution gave the judiciary power to legislate, or to dictate for the other branches what is, or is not, constitutional.'

True enough, -- the ultimate arbiter is the people. "-- That is a power they left with the people, according to the Ninth and Tenth Amendments -- "

Given the assumption of a federal government limited to a specific set of enumerated powers, what choice do they have?
If Congress attempts to act outside the scope of those powers, then finding that action unconstitutional is implicitly turning the decision over to the people.

And the Court [either faction] has no intention of allowing THAT to happen.--
--- That's my point about States like Montana forcing a Constitutional showdown.

They alone hold the authority to expand the powers of Congress, and there are specific and explicit means provided for doing just that.

The USSC may dream that it holds that 'expansive' power, -- but I doubt it can be used without a constitutional crisis.

for an interesting discussion of this topic (generally) try "The Lost History of the 9th Amendment" by Kurt Lash and its companion "The Lost Juriprudence of the 9th Amendment" by the same author These are available at the Social Sciences Research Network with thelinks: History and Jurisprudence They are rather long, the History running about 180 pages, but downloadable in PDF format.