Asked by Yay
Review this quote from the decision in Marbury v. Madison.
It is emphatically the province and duty of the Judicial Department to say what the law is.
How does this excerpt summarize the case?
It explains why the Supreme Court ruled in favor of William Marbury in the case of Marbury v. Madison.
It explains that the Supreme Court should decide whether a law or action is constitutional.
It explains why the judicial department ruled that the Judiciary Act of 1789 was constitutional.
It explains that the judicial department has powers that go beyond the limits of the Constitution.
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Correct answer:
- It explains that the Supreme Court should decide whether a law or action is constitutional.
Brief explanation:
Marshall's statement establishes the principle of judicial review — that the judicial branch interprets the law and determines whether statutes or actions conflict with the Constitution. It does not say the Court ruled for Marbury (the Court actually denied his remedy), nor that the Judiciary Act of 1789 was constitutional (Marshall held part of it unconstitutional), nor that the judiciary has powers beyond the Constitution.
- It explains that the Supreme Court should decide whether a law or action is constitutional.
Brief explanation:
Marshall's statement establishes the principle of judicial review — that the judicial branch interprets the law and determines whether statutes or actions conflict with the Constitution. It does not say the Court ruled for Marbury (the Court actually denied his remedy), nor that the Judiciary Act of 1789 was constitutional (Marshall held part of it unconstitutional), nor that the judiciary has powers beyond the Constitution.
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