# Could congress prevent SCOTUS from invalidating laws? **URL:** \ **Category:** Politics & Elections\ **Created:** [October 16, 2020, 5:56pm UTC](https://boards.straightdope.com/t/could-congress-prevent-scotus-from-invalidating-laws/923130 "2020-10-16T17:56:25Z")\ **Posts on this page:** 1\ **Showing post:** 17
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [October 20, 2020, 10:20pm UTC](https://boards.straightdope.com/t/could-congress-prevent-scotus-from-invalidating-laws/923130/17 "2020-10-20T22:20:19Z")
You might be interested in Professor Treanor’s article, “Judicial Review before Marbury and Madison”. Treanor did an extensive study of court deicisions in both state and federal courts prior to the Marbury case, and found that there were numerous examples of the courts asserting that they could hold statutes unconstitutional, under state and federal constitutions. He deals with the particular case of the _Invalid Pensions Act_ at pp. 533-538, where all six justices of the Supreme Court, prior to Marshall’s appointment, took the view that the Act was unconstitutional because it infringed the independence of the judiciary and its separation from the executive, protected by Article III. > **[treanor.pdf](https://www.stanfordlawreview.org/wp-content/uploads/sites/3/2010/04/treanor.pdf)** > > 652.57 KB --- _[View the full topic](https://boards.straightdope.com/t/could-congress-prevent-scotus-from-invalidating-laws/923130)._