Agreed. Thank you for bringing some valid discussion to this otherwise pointless thread. Don't you think, though, that Marbury v. Madison has extended the power of the SC to where the only check/balance it faces is death of the justices? When you have a job for life, and cannot be fired as long as you serve "during good behavior", where is the accountability for your performance? What is to prevent them from interpreting the Constitution in an illegitimate manner? Their honor? They've become politicians: honor should be taken off the table. The time has come to consider term limits for the SC.
The accountability of a SCJ is vetted before they are approved by Congress. The idea of the court is that they are removed from the popular electoral process and current whim to give a consistency to the interpretation of the law of land over time. That is the genius of it.
It also the flaw of it. The greatest vetting process in the world isn't 100% foolproof, and when you're talking about a lifetime appointment, that becomes a major problem. The idea may be to remove them from current whims, but that's no longer the reality: they are now politicians, influenced and dictated to by the two political parties.
Elections are not foolproof either, or we wouldn't keep electing fools. But The Supreme Court can be overruled by the Legislative and Executive branches by passing new laws and Constitutional amendments. And, the Court is also limited to ruling on cases brought before it, it does not proactively go out looking to advance a political agenda.
