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Originally posted by Publius
Umm going back to the point that I was attempting to make earlier is that the Consitution doesnt actually say that the SC has the power to determine laws passed by Congress unconstitutional. This was a right assumed for the SC under John Marshall and fortunatly neither of the other two branches have seriously ever challenged it. (Actually both branches have challenged it, but never together so that the other branch was always working against them. Actually thats not entirely true, Roosevelt threatened to pack the SC so that they couldn't rule against him and he had the support of the Senate to do so, but the SC decided it was better to just go along with what Roosevelt was doing then to end up with a packed court, hence the saying, 'A stitch in time saves nine (9 refering to the 9 SC justices, so now you know the rest of the story))
ok so here is article 3, section 2, clause 1 just for the hell of it.
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Interesting facts.
I just reread Article III though, and I would think that it still would be that it is up to the courts and ultimately SCOTUS to decide constitutionality issues.