The Supreme Court’s agreement to hear a case in which it was asked to review the constitutionality of a tax levied by Congress is regarded as implying that the Court had the power of judicial review.
Marbury v. Madison
Daniel Hylton defended himself for nonpayment of a congressionally enacted carriage tax, asserting it was an unconstitutional direct tax and, in effect, asking the Court to use the power of judicial review to declare the tax unconstitutional. Justices Samuel Chase, William Paterson, and James Iredell all wrote seriatim (separate) opinions but agreed the tax was constitutional because it was indirect and therefore not prohibited by Article I of the U.S. Constitution. They were the only justices available to hear the case, but their agreeing to hear the case implied that the Court had the power of judicial review.
Hayburn’s Case
Judicial review
Marbury v. Madison
Taxing and spending clause