In 1803 the Supreme Court of the United States (SCOTUS) unilaterally claimed supremacy over the other two branches of the US Government; in Marbury v. Madison (1803) the Court claimed to have the ability to determine what is constitutional and what is not.
Once the court made that decision, they elevated judges to the supreme arbiter of law in the United States. That is not a role the US Constitution of 1789 gave to the Judiciary Branch.
Since then no one has challenged the court on unilateral claim. And how would they, since the court would obviously rule that the challenge is “unconstitutional?” It would be as if some branch of the Roman Catholic Church woke up and told the Pope, “Hey, Pope, the Bible doesn’t say that.” The Pope would roll his eyes and excommunicate such a bold and provocative problem maker.
The problem is not the interpretation of some law; the problem is that the Courts have been allowed exclusive interpretation of the Law and the Constitution — jus like the Pope determines what the Bible means. The Constitution itself did not give SCOTUS that ultimate authority — the Court wrote that interpretation for themselves.
We have come so far from the first three words of the Constitution, which were written purposely oversized to emphasize “WE THE PEOPLE.” That’s gone. All gone.
So it’s not time to get “better judges.” It’s time that the Court is pulled up by the short hairs and told “It is not our role to rule this nation; and in your presumption you have undermined your own credibility.”
The question is how does this happen? Anything anyone decides will be ruled “unconstitutional.” Power is an end in itself — SCOTUS will cede power voluntarily.
The threat is not Executive overreach. Congress is near impotent. It is the Courts themselves that make our governments (State, local, Federal, even the School Board) non-responsive to “We The People.”
Maybe it’s time that “We the people” took it all back; we are tired of being governed. We want to govern ourselves once again.