The answer isn't to check some branch against the judiciary. The answer is to expressly delegate federal powers, in a truly federal (not national) system.
You can't be federal and national at the same time. And you can't have limited powers AND implied powers, most especially when you have an unaccountable judiciary.
what it comes down to is that WE THE PEOPLE must take control and keep all branches in line... when we don’t we get the supreme shaft...
teeman
In Federalist #39, Madison parsed those aspects of the system that were federal versus those that were national. I take it you disagree with his paper.
Please be kind enough to show me in the Constitution, not some court decision but the Constitution itself, where anything the judicial branch does in any way binds either of the other two co-equal branches of government.
There is a very good reason why the founders neglected to give the Judicial branch ANY enforcement capabilities!