I'm listening to the Roberts hearings on WBAI. Leahy is asking Roberts whether congress has the power to declare war. Roberts agreees to that. He seems to equivocate on everything else.
It's worth it to read Armondo on the Daily Kos about this stuff. It's also worth reading Jack Balkin's blog on this issue, which includes an article by Critical Legal Studies scholar, Mark Tushnet, whose book "Taking the Constitution Away from the Courts" is a left-populist critique of "judicial supremacy." Finally, you can keep up to date here.
and now, it's time for me to go, just as he's saying "deference to the legislature in appropriate cases."
On separation of powers alone, this guy is so dangerous. yikes.