Where does the constitution say federal courts have authority to declare laws unconstitutional and void?

Text Drivers are Killers

Joe Biden - "Time to put Trump in the bullseye."
The very first words of the constitution after the preamble say: "All legislative powers herein granted shall be vested in a congress of the united states."
Note the word "all." So only congress can repeal a law.

Also the 10A says: "
The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people."
Since the constitution never explicitly says who has authority to declare laws unconstitutional, the power rests with states. This is the argument Thomas Jefferson made 220 years ago when Chief Justice Marshall brazenly GRANTED the power to the courts.
 
The very first words of the constitution after the preamble say: "All legislative powers herein granted shall be vested in a congress of the united states."
Note the word "all." So only congress can repeal a law.

Also the 10A says: "
The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to
the people."
Since the constitution never explicitly says who has authority to declare laws unconstitutional, the power rests with states. This is the argument Thomas Jefferson made 220 years ago when Chief Justice Marshall brazenly GRANTED the power to the courts.
Guess you never understood Marbury vs Madison, not surprising
 
That's where it all started. CJ marshall just DECREED that the SC has authority to repeal laws even though the constitution says they don't .
Ah, nowhere in the Constitution does it mention private property amongst an array of other items, we going to do away with that also, even Jefferson gave up on strict constructionism when he purchased Louisiana
 
The board notes all you have is namecalling. Fact is no one can explain why the SC has this power to void laws when the 10A says it belongs to the states - as thomas jefferson said.
And I know when you 've been defeated when suddenly you become all sensitive about the very tactics you use and celebrate with your brethren.

Repeating your accusation because you don't like (but can't disprove) the previous answers is just insipid stubbornness on your part.

From my previous link:

  • Express preemption: When Congress clearly states its intent to override state law
  • Implied preemption: Requires courts to examine whether state laws clash with federal objectives or if federal regulation is comprehensive enough to occupy an entire field
The clause also elevates treaties to the same legal status as legislation, mitigating risks of interstate treaty breaches and smoothing diplomatic engagements.

Legal debates surrounding the Supremacy Clause continue to shape national policy. Courts routinely face the task of interpreting its reach in areas such as healthcare, civil rights, and environmental policy. The clause's ongoing role in reconciling national and state legal systems underscores its enduring relevance in maintaining a unified, stable national framework.
 
What assumptions were you and Republicans operating under when you tried to get the Supreme Court and lower courts to rule Obamacare unconstitutional?
No question obamacare is unconstitutional . Setting up a national healthcare system is not one of the listed powers of congress. As usual the judges took a bribe and ok'ed it.
 
Back
Top