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Difficulty: EasyConstitutional Foundations of the Judiciary and Judicial Review

Which of the following serves as the legal foundation for the United States Supreme Court's authority to declare an act of Congress unconstitutional?

  1. The precedent established by the Supreme Court in the case *Marbury v. Madison*Answer
  2. B
    The explicit text of Article III of the Constitution
  3. C
    The specific authority granted to the Court by Congress under the Judiciary Act of 1789
  4. D
    The structural checks and balances outlined in Federalist No. 51

Answer

The power of judicial review was established by the Supreme Court precedent in the case of *Marbury v. Madison*.
The Supreme Court's power of judicial review was established under the precedent of *Marbury v. Madison* (1803), where the Court ruled that it had the authority to declare acts of Congress unconstitutional.

Step-by-Step Solution

1
Identify the primary mechanism of judicial review in the United States government.
Judicial review is the power of the federal courts to declare legislative acts or executive actions unconstitutional.
This power allows the judiciary to act as a check on the other branches.
2
Determine the origin of this power in American history.
The power is not explicitly written in the U.S. Constitution, but was established as a precedent in the 1803 Supreme Court case *Marbury v. Madison*.
Chief Justice John Marshall argued that the Constitution is the supreme law of the land, and the courts must interpret it and strike down laws that conflict with it.

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

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