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]
In the 87th Federalist Paper, Hamilton wrote that “when a law conflicts with the Constitution, the law is not valid.” This is known as a judicial review. How is the power of judicial review utilized? Through ____
A
the Supreme Court
B
the President
C
the Congress
D
the Executive Branch
Explanation: 

Detailed explanation-1: -Judicial review is the power of an independent judiciary, or courts of law, to determine whether the acts of other components of the government are in accordance with the constitution. Any action that conflicts with the constitution is declared unconstitutional and therefore nullified.

Detailed explanation-2: -Hamilton’s core argument revolves around unity in the executive, meaning the Constitution’s vesting of executive power in a single president by Article II of the United States Constitution. His argument also centers upon unity’s promotion of executive energy.

Detailed explanation-3: -Federalist No. 78 speaks of the need for an independent judiciary. Hamilton’s essay reads, in part, “The complete independence of the courts of justice is peculiarly essential in a limited Constitution.

Detailed explanation-4: -Alexander Hamilton and his followers favored a loose interpretation of the Constitution, which meant they believed that the document permitted everything that it did not expressly forbid. This contrasted sharply with Thomas Jefferson’s strict interpretation.

Detailed explanation-5: -judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void.

There is 1 question to complete.