Rigby5
Diamond Member
The Supreme Court can't make law; it can only interpret law brought before it under judicial review, which is also not explicitly in the Constitution. It is the result of a court decision based on Article III, and Marshall's reading of the Federalist Papers. So again, you have to consider what's implied in addition to what is explicit, which can really be a most-of-the-iceberg-is-underwater kind of activity, but that's how it works.
The courts obviously have to be vastly superior to legislators as to what is actual law, since they have to be able to strike down any mere legislation that is contrary to basic legal authority. And basic legal authority comes only from the defense of inherent individual rights, not government.