Power: Who Decides, Who Rules?

I know some of you are struggling with these early cases in Con Law.

They appear to be about nothing--Marbury's dinky little appointment, an academic debate about originalism vs. the living constitution, the exceptions clause to the Supreme Court's appellate jurisdiction (yawn), who owns Blackacre (Martin v. Hunter's Lessee).

These early materials are all about power--who decides what our laws and fundamental rights should be: the federal courts, Congress, state legislatures and state courts,the People? Where does power lie and how is it checked lest it become absolute?

I really like a hockey metaphor when thinking about checks and balances.

Congress has the puck and is checked by the Court, the Court has the puck and is checked by Congress, the Feds have the puck and are checked by the states, the powers that be make a mess of things and the People call a Constitutional Convention to press the restart button on some issues and try things a different way.

These cases are hard to read and the facts of the cases are difficult to get excited about, but the issues are huge. Are we serfs? Or free men and women? Do we govern ourselves through the democratic process? Or are we governed by an unelected tribunal? Or maybe a little of each?

Who sez? Who decides?

Great stuff once you get into the battle!