>Congress isn't the final authority of if laws are constitutional or not.
Actually, the legislative branch is the final authority on what is Constitutional or not. Who do you think proposes, passes, organizes Constitutional Conventions, and ratifies Amendments?
It certainly isn't the Courts. Heck, judicial review isn't even enshrined in the Constitution, It just arose spontaneously out of case law; and everyone has been okay with it by and large such that there hasn't been the will to pass a "no judicial review" Amendment.
I mean, it seems silly to talk about, but it is right there. Though yes, for the last 200 year's, the Supreme Court striking down something as unconstitutional has generally been accepted as burying something six feet under politically, because no one in their right mind wants to carry the mark of "The person who changed the Constitution just to invalidate a Supreme Court decision."
Actually, the legislative branch is the final authority on what is Constitutional or not. Who do you think proposes, passes, organizes Constitutional Conventions, and ratifies Amendments?
It certainly isn't the Courts. Heck, judicial review isn't even enshrined in the Constitution, It just arose spontaneously out of case law; and everyone has been okay with it by and large such that there hasn't been the will to pass a "no judicial review" Amendment.
I mean, it seems silly to talk about, but it is right there. Though yes, for the last 200 year's, the Supreme Court striking down something as unconstitutional has generally been accepted as burying something six feet under politically, because no one in their right mind wants to carry the mark of "The person who changed the Constitution just to invalidate a Supreme Court decision."