I suspect there has also been some distortion of the idea of a court along the way.
One idea I've been wrestling with is as follows:
After kicking the sovereign king to the curb, the American people themselves reported to no other sovereign entity but themselves (and G-d).
The Articles of Confederation and the various state governments were chartered under the King.
They had some decisions to make.
A court may judge the law and the facts.
The Constitution is established within the paradigm of common law. In the ratification discussions (I'd have to dig it up, but I read this once) judicial review was an already established concept, which basically amounts to judging the law.
Two people are acting like children when they bring their dispute to a 3rd party to resolve - rather than doing battle, they are putting their fate in the hands of an uninterested 3rd party, the court, who will make a determination.