Marbury vs. Madison is in full agreement with my statement, but being that case law is irrelevant when it comes to the Constitution and that the Constitution (the highest law in the land) was created by the people to keep tight control on government, it is the people who have the ultimate judgment over whether or not a law is unconstitutional in its face.
The role of government is to defend our rights, but let's see what the founders thought of this...
Quote:
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We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
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Clearly the people
(individuals) have the
right to make the determination of whether or not government has become destructive towards life, liberty, and the persuit of happiness and as such they have the right to determine whether or not government has abided by the strict limitations of its powers enumerated in the Constitution. Rights are the opposite of privileges. Rights are what we do without asking. This means we do not require permission to make that determination from judges or any other part of government. Government is our creation and we the individual people of America are the masters while government is our servant.