The Declaratory Act of 1766. It was made to give parliament power to make laws.
Paine, along with many revolutionaries of the period, viewed government as being inherently limited, in the sense that it was meant to serve the people and not the other way around. That's why he wrote "common sense" which talked about the absurdity of British rule over the colonies.
An unanswered Constitutional question about the judicial branch is how to create lower federal courts. Explanation; According to the constitution the power to interpret the law of the United States will be held by the U.S. Supreme Court, and the lower federal courts.
To interpret the laws....thats what the judicial branch does. But, what are the choices?