While we could have an engaging conversation on judicial review in the US, including the implied powers derived from Article III and Article VI, the Federalist

While we could have an engaging conversation on judicial review in the US, including the implied powers derived from Article III and Article VI, the Federalist papers, the state ratification debates, and English common law, I prefer to point to https://en.wikipedia.org/wiki/Judicial_review_in_the_United_States https://en.wikipedia.org/wiki/Judicial_review_in_the_United_... . I do disagree with your statement that Chief Justice Marshall 'decided that is what the court was going to do', as the everyone in the ratification debate, including the Anti-Federalists, believed that federal courts could find a statue to be unconstitutional. Marbury v. Madison was the first to exercise that power. The 1796 case of Hylton v. United States, under Chief Justice Ellsworth, shows that judicial review for constitutionality was not new to Marshall. My earlier comment was "after Edwards v. Aguillard settled that teaching creationism in public schools was not constitutional". I believe this is clearly in the context of the post-Marbury v. Madison tradition of the last 200 years. Your followup comment was "There are no constitutional restrictions on what can be taught in schools." As you are coming from a different tradition, and a distinctly minority and non-influential one, I think you would have been more clear had you written "The Constitution doesn't say the Supreme Court has the right to decide what can be taught in schools." Otherwise, we were under the incorrect belief that summarizing Edwards v. Aguillard would be enough to show that your statement was incorrect. Under the US legal tradition since the early 1960s, schools are not part of a free exercise of religion. See Engel v. Vitale, Abington School District v. Schempp, and related cases dealing with prayer in school for the logic.