That's all it's ever been though.

Go read Marbury v. Madison, the most cited case is American Jurisprudence, and ask yourself, who wrote the opinion and who failed to deliver the commission in issue? Hint: They're the same person.

See also FDR's court packing plan and the courts sudden shift to federalism.

See also the incorporation doctrine re amendments 1 through 8 and 14.

It's literally all made from whole cloth.

I could go on.