The 13th and 14th Amendments give the federal government the power to protect all individuals from federal and state infringement of their civil rights. However, they do no give the federal government the power over discrimination comitted by private individuals or organizations.
A US Supreme Court mandate declaring bus segregation unconstitutional.
President or Supreme Court can find it unconstitutional.
The Supreme Court decision declaring state mandate schools segregation to be unconstitutional.
The legal concept or theory whereby a court declares a law unconstitutional is commonly called "judicial review." This was not so much established as confirmed by the US Supreme Court case Marbury v. Madison.
The Supreme Court first asserted the power of judicial review by declaring an act of Congress, the Judiciary Act of 1789, unconstitutional.
Supreme Court
The Supreme Court first asserted the power of judicial review by declaring an act of Congress, the Judiciary Act of 1789, unconstitutional.
(1) declaring invalid laws that violate the U.S. Constitution, (2) asserting the supremacy of federal laws or treaties if they differ from state and local laws, and (3) serving as the final authority on the interpretation of the U.S. Constitution.
It is not unconstitutional. The Supreme Court ruled that it is constitutional.
It allowed the Supreme Court to overrule an unconstitutional law.
Declared unconstitutional by the supreme court
The precedence of declaring an act of Congress unconstitutional and subject to Judicial Review was set.