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Difficulty: EasyThe Marshall Court and Judicial Nationalism

Read the following excerpt from the Supreme Court's majority opinion in a landmark 1803 decision:

"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 constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty."

Which of the following constitutional principles was established by the Supreme Court decision excerpted above?

  1. The power of the federal judiciary to declare laws passed by Congress unconstitutionalAnswer
  2. B
    The right of individual state legislatures to nullify federal laws they deem unconstitutional
  3. C
    The absolute sovereignty of state courts over federal court decisions, as structured under the Articles of Confederation
  4. D
    The authority of the executive branch to unilaterally restrict foreign influence in the Western Hemisphere

Answer

The power of the federal judiciary to declare laws passed by Congress unconstitutional
The correct option is correct because the excerpt describes the rationale behind judicial review, which was formally established in Marbury v. Madison (1803). Marshall argues that the Constitution is the supreme law of the land, and it is the duty of the courts to declare null and void any legislative act that contradicts it.

Step-by-Step Solution

1
Analyze the stimulus excerpt
The text states that when a law conflicts with the Constitution, the court must decide which rule governs because doing so is the 'essence of judicial duty.'
This establishes that the judiciary holds the ultimate authority to resolve conflicts between statutory law and the Constitution.
2
Identify the historical context and court case
The excerpt is from the 1803 case Marbury v. Madison, written by Chief Justice John Marshall.
Recognizing the year (1803) and the language helps identify the case as the foundation of judicial review.
3
Associate the case with its core constitutional principle
Marbury v. Madison established the principle of judicial review, which is the power of the federal courts to declare acts of Congress unconstitutional.
Connecting the legal reasoning in the text directly to the term 'judicial review' leads to the correct option.

Key Concept

The establishment of judicial review by the Marshall Court
Estimated Time:45s
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Topics

The Marshall Court and Judicial Nationalism

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