THE VIRGINIA DYNASTY 1801 1825
WAR OF 1812
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Question
[CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
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State law takes precedence over federal law
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The Constitution is the supreme law of the land, and anything against the Constitution should be disallowed.
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Laws that conflict with the Constitution may stand if they are positive for the people of America
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The Executive Branch must uphold the Constitution.
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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: -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.
Detailed explanation-3: -Congress did not have power to modify the Constitution through regular legislation because Supremacy Clause places the Constitution before the laws. In so holding, Marshall established the principle of judicial review, i.e., the power to declare a law unconstitutional.
Detailed explanation-4: -In 1973, in Kesavananda Bharti versus Territory of Kerala case, the Supreme Court maintained the legitimacy of the 24th Constitution Amendment Act by reviewing its choice in Golaknath case.