USA HISTORY

JACKSONIAN DEMOCRACY 1825 1850

JACKSONIAN AMERICA

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each."-Chief Justice John Marshall, 1803Which conclusion can be drawn from this excerpt of the Supreme Court’s decision in Marbury v. Madison?
A
The jurisdiction granted to the judicial branch is limited to federal and constitutional laws.
B
This decision established the concept of judicial review and strengthened the role of the Judicial branch.
C
This decision gave Congress the authority to charter the National Bank, which angered the Anti-Federalists.
D
This decision strengthened the “Elastic Clause” of the U.S. Constitution and expanded the powers of Congress.
Explanation: 

Detailed explanation-1: -It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

Detailed explanation-2: -Madison, 5 U.S. 137 (1803) Congress does not have the power to pass laws that override the Constitution, such as by expanding the scope of the Supreme Court’s original jurisdiction.

Detailed explanation-3: -The U.S. Supreme Court case Marbury v. Madison (1803) established the principle of judicial review-the power of the federal courts to declare legislative and executive acts unconstitutional. The unanimous opinion was written by Chief Justice John Marshall.

Detailed explanation-4: -The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).

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