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Difficulty: MediumConstitutional Foundations of the Judiciary and Judicial Review

A major debate during the ratification of the United States Constitution centered on the role and power of the proposed federal judiciary. Which of the following statements best explains how the relationship between the Constitution and federal legislation was resolved in the early republic?

  1. A
    The constitutional framers explicitly established the power of judicial review in Article III to resolve conflicts between the federal branches.
  2. B
    The authors of Brutus No. 1 successfully advocated for a bill of rights that strictly limited the Supreme Court's jurisdiction over federal laws.
  3. The Supreme Court ruled in Marbury v. Madison that the judiciary has the power to invalidate acts of Congress that conflict with the Constitution.Answer
  4. D
    The checks and balances described in Federalist No. 51 granted the Supreme Court the authority to veto congressional legislation before it is enacted.

Answer

The Supreme Court ruled in Marbury v. Madison that the judiciary has the power to invalidate acts of Congress that conflict with the Constitution.
The correct answer identifies that the Supreme Court's ruling in Marbury v. Madison established judicial review. Because the Constitution is the supreme law of the land, the judiciary has the duty to declare void any act of Congress that violates it.

Step-by-Step Solution

1
Identify the historical case or constitutional provision that established the relationship between the Constitution and federal laws.
The landmark Supreme Court case Marbury v. Madison is the historical precedent that established the power of judicial review.
Judicial review is the power of the federal courts to declare legislative or executive acts unconstitutional, which is not explicitly written in Article III.
2
Evaluate the options to identify which accurately describes the ruling in Marbury v. Madison.
The ruling asserted that the Constitution is the supreme law of the land, meaning any conflicting congressional act is null and void.
This reasoning aligns with Article VI's supremacy clause and the logical role of the judiciary to interpret the law.

Key Concept

Constitutional Foundations of the Judiciary and Judicial Review
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Constitutional Foundations of the Judiciary and Judicial Review

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