As depicted in the text, the judiciary tends to have the power to interpret, apply, or invalidate a law as it pertains to rights in the state or national constitution. This reflects the famous power of the Supreme Court in the form of judicial review expressing the ability of the Court to declare the Legislative or Executive act in violation of the parts of the constitution. Notably, the constitution does not explicitly provide for the judicial review as an element of this authority. It is nowhere in the constitution. Nonetheless, the Supreme Court takes power to strike down statutes passed by Congress as unconstitutional from the doctrine associated with the case of Marbury v. Madison (1803). In the case above, it was upon the Court to determine whether the Act of Congress or the Constitution was the main law or supreme law of the nation or land (Nelson, 2018).
Based on this, the Supreme Court did depict lack of such permission from the constitution to the Court to have the original jurisdiction on the matter. Article VI establishes the constitution to be the Supreme Law of the land, thus, rendering Act of Congress contrary to the supreme law in the constitution. The Supreme Court should have this power to revise or expunge laws, which are inconsistent with the constitution through violation of the liberties and rights as stated in the supreme law of the land in the absence of the full act of the Congress (Husain, 2018). I believe that Congress can pass laws to uphold a national consensus on the important issue. In 2018, the Supreme Court did rule that the federal ban on the state-sanctioned sports betting is unconstitutional. On this, I believe that the ruling by the Supreme Court was the right decision because it did symbolize the right use of the judicial review power.
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References
Husain, W. (2018). The origins of judicial review. In The Judicialization of Politics in Pakistan (pp. 48-67). Routledge.
Nelson, W. E. (2018). Marbury v. Madison: The Origins and Legacy of Judicial Review, Revised and Expanded . University Press of Kansas.
