What established the power of the federal courts to declare laws unconstitutional?

In: US Constitution

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Answer

The Constituton--although there are many justices that make decisions based solely on their personnal opinion. Case in point; there is absolutely nothing in the Constitution granting a person the "right to choose", nor is there any mention of "seperation of church and state".

The authority of "judicial review" was held to empower courts to declare laws unconstitutional. In the 1803 case of Marbury v. Madison the U.S. Supreme Court declared an Act of Congress void because it was contrary to the U.S. Constitution. It did not do so again until The Dred Scott decision in 1857.

Answer

To state it more simply, federal courts have the power to declare laws unconstitutional because the U.S. Supreme Court said so in the case of Marbury v. Madison.

First answer by ID3486020678. Last edit by Rewind. Contributor trust: 20 [recommend contributor]. Question popularity: 39 [recommend question]

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Court of law (in law)
Federal court (disambiguation)

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