And if Congress passes an unconstitutional law, the courts should do what? Nothing?
The Court said the Gun Free Schools Act was unconstitutional, so Congress added some magic words and re-passed the same law the next year, and we should turn to Congress to change that situation? The Court says having a school near a gun isn't related to interstate commerce, and the Congress simply added language to the law saying it IS related to interstate commerce. I see that as a blatant bitch-slapping by the Congress, and as unconstitutional usurpation of power, and I'd like to see the Court put Congress in their place on that one.
Of course, that can't happen in a post-Raich world, since Raich has ratified the status of the Lopez decision as a mere drafting guide for Congress.
It may. Again, we're working with the definition of "substantial" and a couple of other commerce issues according to the articles I read.
But this power struggle merely points out that the work needs to be done with Congress, not the courts -- checks and balances only go so far.
I am not as comfortable as you in turning all final decisions over to the U.S. Supreme Court.