Well, the problem with making assumptions is that you tend to make an ass out of both "U" and Umption. I do not for a minute think that judges should have the power that they have simply assumed over the years, to the point where they are in fact both legislature and judiciary rolled into one.
As for changing the constitution, I do not think that is necesscary, as the power that the court has assumed, (the power to tell the other branches of the federal government when they have violated the constitution) is not contained in the constitution we have now.
Also, when I speak of the battle for the courtroom, I am talking about one side that wants to use the court to rewrite the constitution on a daily basis, and one side that simply wants judges to act like referees, applying the law as written, whether they agree with it or not. I am not talking about packing the court with judges that would do for conservatives what liberal judges now do for the left (enact policy that they could never get passed at the ballot box.)
And if I want someone to tell me what I really meant, in spite of the plain language of what I said, I'll ask my wife ... or a liberal judge.
I understand very well what it is you want.
It seems to be shared by many, many on FreeRepublic.
I agree that the US Constitution certainly does not clearly say that the judiciary has the power that it clearly exercises.
But it does clearly exercise it.
And the US Congress and US President, and all US states and people, accede to whatever the Supreme Court decides 100% of the time.
By contrast, sometimes the US Congress issues subpoenas and is flatly ignored by the Judicial branch, even by state judges. And sometimes it is ignored by the President, citing "executive privilege".
However, neither the President nor Congress ever defies any order of the Supreme Court.
The Supreme Court is the Supreme Power in America.
Perhaps the Constitution does not say that, but that merely demonstrates that the Supreme Court is in fact supreme to the US Constitution.
This is apparently well-settled in the US, and people accept it.