when 9 people, accountable to no one, are the final arbiters of its meaning.
Ahh, got it. I think you missed my reference, though, that they in fact do not have ultimate say on Constitutionality of any law. We do. Check out the Amendment list just after the 1st. We hold the the ace, the left and right baeren and can just about loner their butts if they fail to interpret the Constitution correctly (Euker reference, for my fellow Ohioans). This isn't a "grey area", and we are all quite capable of seeing it as the gross violation of the 1st Amendment that it is.
EXACTLY CORRECT! That is precicely why all 435 congressmen, 100 Senators, and the President, are REQUIRED to swear an oath of true faith and allegiance to the Constitution EVERY time they are sworn in!
The FOUNDERS idea was that, for the most part, those nine folks would be BORED STIFF because ALL of those would be taking care to ensure that legislative assaults on the Constitution DID NOT OCCUR!!