The evidence is article three, and the articles of confederation weren't an afterthought.
WTF? Article three doesn't imply anything of the sort. It sets up a federal judiciary. One presumably
based upon the English equivalent, with no right to invalidate laws of parliament,
regardlessof any common-law (the constitution as such of the brits) precedents.
Why grant judicial power over the laws of the United States without considering judicial power would be exerted over the laws of the United States?
It's NOT "over the laws".
The article very clearly states that it is UNDER the laws that Congress may enact.
As to the Articles of Confederation themselves, they didn't even establish a judiciary.
However, I'll grant you that it appears that the judicial act of 1789 - and its after-affects -
show that some of the founders were definitely thinking more in this direction. A bit
of learning for me that definitely made this a worthwhile engagement.
*tips hat*