[conservative physics]

constitutional matters are only decided by the Judaical because they claimed that right, not because it was constitutionally granted to them.

The President nor congress is bound to follow any order if that order infringes on their constitutionally granted rights.

[Borges]

If you're arguing that Marbury Vs Madison was an overstepping of the authority of the Judiciary then I would strongly disagree with you as would Alexander Hamilton and Justice Scalia.