Each of the three departments has equally the right to decide for itself what is its duty under the constitution, without any regard to what the others may have decided for themselves under a similar question.
Thomas Jefferson, Letter to Judge Spencer Roane, 1819.
The recent Supreme Court ruling has triggered a great deal of dialogue from many different angles. Some like the decision, but dislike the reasons; some hate the decision, but are able to find some positives in (perceived) limitations to the Commerce Clause.
Regardless of your stance, however, there is one interesting perspective that has been less discussed. In Article III of the Constitution, we are nowhere told that the Supreme Court has the sole power of constitutional interpretation. Sure, there is “judicial power,” but what does that mean?
Of course, it is a less popular sort of question to ask. Even those who are outraged at the Court’s decision still (generally) see it as the ‘final arbiter’ of Constitutional questions.
So what do you think? Should the Court have the final say?
