TDA, I know that this has been taught for a long time in our institutions of higher learning by "legal scholars". But, the "decision" itself doesn't establish any such thing. Under the U.S. of A. Constitution, it is the justices sworn duty to determine the constitutionality of all laws.
I forget the exact words of the opinion, but it is the words of the justice who wrote the opinion that have been used to create the judicial fiat of "judicial activism", and allowed "activist" judges to actually create law. And thus rendering the U.S. of A. a nation of the whims of nine individuals on any given day rather than the rule of law under the Constitution of the U.S. of A. with it's attendent amendments.
Also, "local" "activist" jurists have "interpreted" local and national Constitutions to allow themselves to issue "consent decrees" that carry {illegally} the color of law and the force of government. They are wrong. As are activist at the federal level who "interpret" words beyond any intended meaning of those words in order to facillitate {under the color of law and force of government without legitimacy} their whims of the day. An excellent example is the St.Louis{?} judge who actually created taxation with the force of law for schools. The same thing has been done here in Baltimore County with a "consent Decree" between sueing parties and collaborative parties in County Government regarding education. "Consent Decrees" never see the light of a public courtroom, but are negotiated behind closed doors of judicial chambers and other backrooms, and then presented to the public as a "done deal". Since both parties in the suit are "harmonious" with the outcome, the decree is never questioned in a court, and rarely if ever by legislators.
Judicial "scholars" have been teaching a LIE in our institutions of higher learning for years when they teach that "The 'court' has the authority {power} to "interpret" the words of Constitutions." NOWHERE in any Constitution worthy of the name is that power granted. < / rant > Peace and love, George.