By Leviathan.Alamond 2012-01-21 22:18:03
I don't know that they have an inordinate amount of power these days. I think most people don't truly understand the roles of each branch. And remember, some stories are talking about Federal, State, Supreme, Appellate, District, etc. etc. So it's not THE Supreme Court in all these stories making decision after decision after decision.
Also, for comparison, the Supreme Court challenged existing federal law regarding Native American property rights and the B.U.S. Challenged de jure segregation. Challenged treatied fishing rights for N.A.'s. Challenged the instruction of evolution in public schools. Challenged legal abortion. Hell, even the appointment of the Executive. In all of these, I'm sure that those who disagreed with the final decision railed about how the courts had too much power.
Plain and simple, Section VI of the Constitution lays out the Constitution as the supreme law of the land and binds all judiciaries to the defense of it. Interpret that how you will.
In fact, that defense of the Constitution can mean different things at different times; Plessy v. Ferguson and later Brown v. Board of Edu.
If anything, I would argue that all 3 branches have more power. And, exacerbating that fact, we seem to be in a hyper-partisan era at the moment, which it seems is affecting the decisions handed down by judges and the reception by politicians.
But I wouldn't say that the judiciary has an inordinate amount of power.