Not as such, no. The Constitution doesn't say anything about the Supreme Court declaring laws unconstitutional. That is an assumed power made manifest in the famous 1803 case of Marbury vs. Madison.
One could argue that the absense of this declared power in the Constitution exists because the framers didn't believe it was necessary to mention. As Alexander Hamilton wrote in "Federalist 78," the power of the Supreme Court to declare actions unconstitutional is simply what courts do -- it is their inherent function, and like all other inherent functions doesn't need to be explicitly articulated as its existence is self-evident.
2007-05-03 19:01:55
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answer #1
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answered by Anonymous
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The Constitution says that the judiciary has the power to decide all cases and controversies which arise under the Constitution. And yes, in Marbury v. Madison, the Court declared it's own power to invalidate legislation, but it did so by pointing out that it is the essence of judicial duty to say what the law is. That duty includes recognizing whether or not a statute passed by Congress (or a state) is in any way inconsistent with the Constitution. If the statute is inconsistent with the Constitution, then obviously the Constitution itself has to prevail.
2007-05-03 19:35:08
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answer #2
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answered by Anonymous
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Judicial inquiry is the power of the Supreme Court to review, amend and void an act of Congress when it is against the laws, public policy and morals.
2007-05-03 19:34:14
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answer #3
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answered by FRAGINAL, JTM 7
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It's referred to as the system of checks and balances. No one branch of government can usurp power over the others. Supreme court rules on issues of constitutionality if the president or Congress get out of control. President vetoes if Congress gets out of control and appoints Justices to ensure oversight of the judiciary. Congress approves by vote the President's judicial nominees and can override his veto if the president gets out of control. They are all accountable to each other.
2007-05-03 19:52:28
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answer #4
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answered by lizardmama 6
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