Thom frequently goes off that the Supreme Court was NEVER meant to exercise Judicial Review over the constitutionality of federal laws. It was meant to be the final arbiter on disputes about trespassing cows. He claims judicial review is NOT in the Constitution but was create out of whole cloth by the Marshal court in Marbury v Madison. He goes on to quote Jefferson saying judicial review makes the Constitution a suicide pact.
I don't know what Constitution Thom is reading but the original Constitution seems pretty clear on the topic...
Article III - Section 1 - The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
Section 2 - The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
The Marshal court didn't invent Judicial Review... it merely exercised and affirmed it. What is Thom thinking?