USA HISTORY

THE VIRGINIA DYNASTY 1801 1825

JOHN MARSHALLS SUPREME COURT DURING THE VIRGINIA DYNASTY

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
“If two laws conflict with each other, the Courts must decide on the operation of each ____ So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Court must determine which of these conflicting rules governs the case.”-John Marshall, Chief Justice U.S. Supreme CourtThe excerpt above is taken from which of the following landmark Supreme Court cases?
A
Worchester v. Georgia
B
Gibbons v. Ogden
C
Marbury v. Madison
D
Dred Scott v. Sandford
Explanation: 

Detailed explanation-1: -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).

Detailed explanation-2: -When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.

Detailed explanation-3: -Thus the principle is if there is any conflict between the higher law and the ordinary law, the former prevails, the latter is struck down as unconstitutional. The power & duty of invalidating unconstitutional laws belongs to the judiciary which has to administer both the laws.

Detailed explanation-4: -The power of judicial review allows the courts to decide whether a law or presidential action is in agreement with the Constitution. People can appeal court cases to the Supreme Court. Every American has the right to a fair public trial.

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