Who Is The True Power In The United States Of America, According To The United States Constitution?

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America PREAMBLE, US CONSTITUTION

Chief Justice John Marshall [CJJM]:  It's emphatically province & duty of the judicial department to say what the law is.  Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. — At the end of President John Adams’ term, his Secretary of State failed to deliver documents commissioning William Marbury as Justice of the Peace in the District of Columbia.  Once President Thomas Jefferson was sworn in, in order to keep members of the opposing political party from taking office, he told James Madison, his Secretary of State, to not deliver the documents to Marbury.  Marbury then sued James Madison asking the Supreme Court to issue a writ requiring him to deliver the documents necessary to officially make Marbury Justice of the Peace. The Marbury v. Madison decision resulted in establishment of the concept of judicial review.

http://www.streetlaw.org/en/landmark/cases/marbury_v_madison 

The appearance of a faction began when the Framers of the United States Constitution were decided as wrong by he CJJM that had much to benefit from, CLEARLY an investment of great, great measure in the outcome, judicial review.

Cosmic Constitutional Theory .. has done real damage to the Rule of Law, the role of courts in our society, and the ideals of restraint that the greatest judges in our country once embraced.  But the worst damage of all has been to democracy itself which theory has emboldened judges  to embrace .. No one has stepped back and asked exactly where these theoretical proliferations of all persuasions are taking us.  The answer to that question will become clear:  the theories are taking us down the road to judicial hegemony where the self governance at the heart of our political order cannot thrive.

.. MODERN CONSTITUTIONAL LAW has fallen victim to cosmic constitutional theory. Over the last fifty years, we have witnessed the rise of theories that purport to unlock the mysteries of our founding document much as Freud proposed to lay bare all of human behavior and Einstein attempted to explain the universe.....No one has stepped back and asked exactly where these theoretical proliferations of all persuasions are taking us. The answer to that question will become clear: the theories are taking us down the road to judicial hegemony where the self-governance at the heart of our political order cannot thrive.
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Instead of relying on theory, he advocates a return of judges to basic pragmatism:

http://www.amazon.com/Cosmic-Constitutional-Theory-Inalienable-Self-Governance/dp/0199846014#reader_0199846014 

... to be continued ....