by Michael Maharrey, Tenth Amendment Center
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!
In 1958, the SCOTUS declared “constitutional law,” as determined by the federal court system, the supreme law of the land, on equal footing with the Constitution itself. The Supreme Court set itself on its own throne in its ruling in Cooper v. Aaron, a case relating to school desegregation.
© 2017 Tenth Amendment Center, Michaal Maharrey
This article is based on an excerpt form Michael Maharrey’s book, Our Last Hope