Upon what basis does the Supreme Court have the power to declare a law unconstitutional?
The power of the Supreme Court to declare a law unconstitutional is based on the principle of judicial review. It is not explicitly mentioned in the United States Constitution but was established by the Court itself through the landmark case of Marbury v. Madison in 1803. In this case, Chief Justice John Marshall asserted that it is the duty of the judiciary to interpret the Constitution and determine whether a law passed by Congress or actions taken by the executive branch are consistent with the Constitution.
The Court's authority to declare a law unconstitutional is derived from Article III of the Constitution, which establishes the judicial branch, and the Supremacy Clause in Article VI, which declares the Constitution as the supreme law of the land. The Court, as the highest judicial authority in the country, has the final say on the meaning and interpretation of the Constitution.
When a case comes before the Supreme Court, it evaluates whether a law or government action violates the Constitution. If the Court determines that a law is in conflict with the Constitution, it declares the law unconstitutional and invalidates it. This power is essential for the Court to act as a check on the other branches of government and protect individual rights and constitutional principles.
It is important to note that the Supreme Court's power of judicial review is not without controversy or debate. Some argue that it gives an unelected body too much power over the democratic process, while others consider it a vital function of the Court in upholding the Constitution and safeguarding individual freedoms.