Question

Which doctrine allows the supreme court to determine if a law violates the constitution?

Answer 1

The Supreme Court has no right to determine the constitutionality of laws. It has the duty to do so. The task, which is a measure of extreme trust, was given to it by Us, the People of the United States, through the Constitution. It is, some would argue, the most sacred trust We gave anyone in the federal government - more, even, than the president. It's one of the "checks and balances" that prevent any branch from accumulating too much power. For example: Congress has power to write the laws that keep us safe - but what happens if it starts writing laws that make some of us unsafe so that the rest of us (says Congress) will be more safe? Someone has to be able to say, "No, Congress. You may not write laws like this." That someone is the Supreme Court. It makes the ruling, and enforces it, by performing the duty mentioned earlier. That duty says the Supreme Court must nullify and void an unconstitutional law.
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