For the last 100 years, most Americans have assumed the federal court system, and ultimately the Supreme Court, stands as the final arbiter in any constitutional controversy. But who made the federal courts king?
The Constitution certainly didn’t. Take a moment and go look for the clause in the Constitution that delegates to the Supreme Court the power to serve as the sole and final authority on what is or isn’t constitutional. You won’t find it, because it does not exist. The Constitution tasks the Court with “judging cases.”
So, who placed the Supreme Court at the pinnacle of Constitutional interpretation?
Why, the Supreme Court itself did!