Judicial Supremacy: How Did this Far-Fetched Claim Originate?

Much nonsense has been written about Marbury v. Madison (1803), especially in recent decades by the Supreme Court. Yes, it represents the first time the Court held a statutory provision of Congress to be unconstitutional. However, other extravagant claims, including judicial supremacy, would be disowned by its author, Chief Justice John Marshall. By placing a public stamp of approval on judicial review, the Court formally recognized what was obvious: that elected branches are subject to the constraints of the Constitution. That elementary point is on public display every time elected officials take their oath of office. The more interesting issue is who gets to decide what is unconstitutional and whether that decision is in any sense final. In our democracy no branch is final on constitutional questions.