> The legislature doesn’t just get to set that sort of a thing up to be independent of the other two branches, any more than they get to have a general police p

> The legislature doesn’t just get to set that sort of a thing up to be independent of the other two branches, any more than they get to have a general police power; it’s a usurpation. This is a profound misunderstanding of how checks and balances work. The legislature absolutely has the ability to produce statues and dictate their regulation, and the judicial branch absolutely has the ability to conduct judicial review over statues and whether their regulation exceeds the scope of the proscribed statue. Neither has supremacy over either; they're equally empowered branches of the government. What the judicial branch isn't empowered to do is to diminish the regulatory authority of the legislative branch. It can review individual laws and their regulatory scope, but it can't erase Article I, Section 8 itself.