Two different issues.
The powers are enumerated and yes, there is no provision for any branch to unilaterally create more powers.
Judicial review as understood by the Framers is the third of three equal branches rendering an opinion of constitutionality. This is the power you would deny?
The long and short of it is that the judiciary has the power to determine for themselves what they think the constitutionality of something is but they DO NOT have the right nor the power to impose that on either of the other two branches. (If they did then we would not have three separate and equal branches of government now would we!)
Please read Dr. Paulsen's paper that I posted up thread to you. He explains it there FAR better than I am able to do here.
Not to mince words but to “deny power”???
I always thought that the brances of government were to balance each other and not circumvent, or have more sway (power) in the process as a whole...
Just my opinion...Remember. somewhere we lost the ability to control our government somewhere along the way, where the Constitution and its parameters were specifically designed to “limit” the government and its duties, and not the other way around...
And we do not have all the ingredients (in this day and age)to bake that big “humble” pie that this government needs to consume right now...
Anyway, thanks to briother Bigun for giving me the steer to this group and its discussions...
Is there a “ping” list I can be added to???
BTW, when you said: “The powers are enumerated and yes, there is no provision for any branch to unilaterally create more powers.”
You are absolutely right, but apparently they (government, all branches) apparently didn’t get this memo, and no one has had the ability to call them on this...So that is why we are in the pickle we are in these days...
We know what is broken, we just do not have the pieces in place to correct it (fix it)...
Forgive me, I do have some catching up to do, to absorb and get into the discussion here and be on the same page with this group...
These certainly are the kind of discussions I enjoy on this website...
Regards...