Originally Posted by
ScottGem
The framers never envisioned a lot of things. But one thing they did envision was that the future could be different. So they wanted a document and a government that could be fluid. That could adapt as times changed.
Marbury occurred while many of the framers were still active in government. So if Marbury was such a seizure of power (which I don't agree with) action might have been taken at the time. The concept of Judicial Review was not, from what I know, a violation of the intent of the founders. I don't dispute that SCOTUS does have a greater influence on government then might have been intended. But the system of checks and balances was an integral principle in the Constitution and, therefore, the role of SCOTUS to protect the Constitution from Congress is part of the intent of the founders.