The hyperbole I was referencing wasn't related to the political parties, if that's what we think they were. I was speaking to the suggestion that Marbury was an unconstitutional power grab by the Court. You're right that the Constitution does not use the terms "judicial review " in Art. III. But it does describe itself as the Supreme Law of the Land and the 1st Congress (pre-Federalist) granted the power of judicial review over actions of a state. Marshall certainly went out of his way to make a case for judicial review of acts of Congress, unnecessarily so in that particular case, but on balance most scholars agree that the Court has some such power, disagreeing as to how aggressively it should be exercised. I would certainly agree that the Court has all too often misexercised the power--both presently and for 80 years after the Civil War. Some, of course believe that the Brown decision was wrong in principle, too. I am not among them.