So what are you saying then? That the only limitation on the power of the court is the goodness of the souls of the personalities on the court? That can't be right. The court must be checked and I tell you, it will not check itself.
There is Article II, removing jurisdiction. And Congress could decomission some of the Federal courts, especially the 9th jerk-it. But something must be done, and done soon.
I am merely stating facts rather than going along with the popular misunderstandings of M v M. It was NOT new nor unique but totally in keeping with the Founders view of the judiciary AND with the views of the writers of the Federalist Papers as well as practice within the states.
Without judicial review the Constitution has no meaning. If the Court cannot strike down unconstitutional laws then ANYTHING could be legislated. Congress could pass a law stating that no private citizen could own a firearm and it would not be able to be overruled by the SC.
It is my view that the "exceptions clause" gives the Congress the authority to take certain laws out of the purview of the SC but it has never done so. There is no doubt that Congress can change the jurisdiction of the federal judiciary and remove Districts if it wishes.
Congress will not make any serious changes in the nature of the Court so don't hold your breath. And the quality of the people sitting as justices is absolutely critical.