the bloodiest things i learn out here & to respond to your query mate, quote: utbagpiper, 29 April 16 0428PM: Also, can you provide any constitutional authority for the Supreme Court of the United States to have sole jurisdiction to determine which laws are constitutional and which are not? Marbury v Madsen or other Supreme Court decision wherein the court declares it has power to determine which laws are constitutional do not count as constitutional authority.
here we go into wiki land...
quote: Two landmark decisions by the U.S. Supreme Court served to confirm the inferred constitutional authority for judicial review in the United States: In 1796, Hylton v. United States was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress, the Carriage Act of 1794 which imposed a "carriage tax". The Court engaged in the process of judicial review by examining the plaintiff's claim that the carriage tax was unconstitutional. After review, the Supreme Court decided the Carriage Act was not unconstitutional.
In 1803, Marbury v. Madison was the first Supreme Court case where the Court asserted its authority for judicial review to strike down a law as unconstitutional. At the end of his opinion in this decision, Chief Justice John Marshall maintained that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of their sworn oath of office to uphold the Constitution as instructed in Article Six of the Constitution.
quote: The Constitution does not expressly provide that the federal judiciary has the power of judicial review.
Rather, the power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI.
Article III: quote: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. . . . The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority. . . . In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. unquote.
you will love this part mate:
quote: The power of judicial review has been implied from these provisions based on the following reasoning. It is the inherent duty of the courts to determine the applicable law in any given case. The Supremacy Clause says "[t]his Constitution" is the "supreme law of the land." The Constitution therefore is the fundamental law of the United States. Federal statutes are the law of the land only when they are "made in pursuance" of the Constitution. State constitutions and statutes are valid only if they are consistent with the Constitution. Any law contrary to the Constitution is void. unquote.
fascinating read mate, and you can get the whole picture here:
https://en.wikipedia.org/wiki/Judicial_review_in_the_United_States
ipse