[IronJack]

This hearkens back to the Marbury decision, one of the first handed down by the Supreme Court, in which it appointed itself the final arbiter of all laws, state or federal.

[Cboldt]

Marbury gets a bad rap. The court in that case held that it lacked jurisdiction. The constitution gives SCOTUS jurisdiction, and Congress aimed to expand that without a constitutional amendment. The court said that as between the constitution and a statute, when there was a conflict, one or the other had to control, and it chose the constitution.

It is subsequent cases where the court took on more than it is entitled to, and misconstrued the meaning of Marbury to justify the over-reach.