April 30, 2024
In 1809, with Marbury vs. Madison, a relatively minor issue involving a judicial appointment, the Court TOOK that power. And has held it ever since.
The Court routinely rules on the legality and constitutionality of all sorts of laws, both federal and state.
Prior to 1809, state courts ruled on the legality of laws within their own states.
They also had the power to rule on the legality and the constitutionality of federal laws.
State courts STILL have both of these powers.
However, the US Supreme Court, since 1809, has assumed to itself the power to overrule those state courts.
Suppose the US Supreme Court had never taken that power in 1809?
We would have this situation: A federal law is a federal law. It stands, when it’s passed. No judicial review by the US Supreme Court. HOWEVER, any state court could nullify a federal law in its own state and not allow it to be enforced there.
This would be SIGNIFICANT decentralization of federal power. And that power couldn’t be overridden by a decision of the US Supreme Court.
In fact, THIS would be what the Founders had in mind. Severely limited central government. No federal powers except those specifically enumerated in the Constitution.
We would have some states honoring some federal laws and other states nullifying those laws.
You don’t like the federal laws Colorado obeys? Move to South Carolina.
