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The original Marbury vs. Madison was a carefully crafted power grab and the Executive and Congress should have recognized it at the time and corrected the usurpation rather than allowing precedent.

Oh, I don't know. Checks and balances means that EVERY branch will overreach from time to time. Marshall decided that the power the plaintiff was asking the court to exercise, was a power the court did not have under the Constitution, even if the legislature tried to give that power to the court.

The long term problem that I see is the unwillingness of Congress to exercise its constitutionally granted power of impeachment to shitcan judges that make public policy, or subvert the will of the people as expressed in statutes. At some point the fancy word-play of lawyers and judges needs to be brought back to earth. That ain't happening.

Checks and balances means that EVERY branch will overreach from time to time.

Agreed, I did not intend to indict only the Court.

Marshall decided that the power the plaintiff was asking the court to exercise, was a power the court did not have under the Constitution, even if the legislature tried to give that power to the court.

Exactly, and the plaintiff's petition was a gift to Marshall, who determined how it could be used to increase the power of the Court. It is my opinion that it was used in this manner, however, only the members of the Court know for sure, and they ain't talkin'.

The long term problem that I see is the unwillingness of Congress to exercise its constitutionally granted power of impeachment to shitcan judges that make public policy, or subvert the will of the people as expressed in statutes. At some point the fancy word-play of lawyers and judges needs to be brought back to earth. That ain't happening.

Nicely said, and I couldn't agree more.

The Constitution is an exquisitely crafted limited permission written for the people by extraordinary men of vision and courage. It requires that we have the courage and fortitude to insist that ALL the checks and balances are continually implemented to insure the survival of this Nation and Culture as was intended by the Founders.

The long term problem that I see is the unwillingness of Congress to exercise its constitutionally granted power

You are correct.

There is not a judge on any federal court who can not be called in front of the senate and removed from the bench by a simple majority vote of the Senate.

The politicians won't do their job and remove these judges for their crazy decisions because they want the judges to make these hot button social decisions so they don't have to take a stand and lose some votes.

they can then just point their fingers at the judges and blame them when the heat is turned up.

It doesn't bother the judges because they don't answer to the public and they get the power to make law to suit their whims. It's a win win for the politic ans and the judges and a lose lose for the American people.

If they would just impeach about a half a dozen of these liberal wackos you would see a remarkable bit of sanity return to the federal bench.