[Sabertooth]

What SCOTUS did was declare such legislation unconstitutional under the 6th Amendment.

Agree with this, as with the rest of your post.

The only distinction I was making with your post at #53 was that this Supreme Court decision was "activist." At this point, I don't believe that's the case.

[Kevin Curry]

It is definitely activist in this case. You may believe it is a appropriate and good activism, but it is activism nonethless. No question about it.

Judicial review as established by Marbury v. Madison is judicial activism in its purest sense.