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While the power to declare laws unconstitutional is a defining feature of the modern federal judiciary, this authority is not explicitly detailed in the text of the United States Constitution. Which of the following historical developments or foundational arguments best explains how this power became an established practice of the federal courts?

  1. A
    The Framers explicitly detailed the mechanism of judicial review in Article III of the Constitution to ensure the judicial branch was coequal with the legislative branch.
  2. B
    The power was created by a formal constitutional amendment passed shortly after ratification to resolve early jurisdictional disputes between the states.
  3. The Supreme Court asserted the authority in a landmark decision, arguing that it is the duty of the judicial department to say what the law is when a statute conflicts with the Constitution.Answer
  4. D
    The Anti-Federalists successfully advocated for its inclusion in the Bill of Rights to protect individual liberties from federal encroachment.

Answer

The Supreme Court established judicial review through its decision in Marbury v. Madison, asserting that the judiciary has the power to declare acts of Congress unconstitutional.
The correct option identifies that the power of judicial review was established by the Supreme Court in a landmark decision, where the Court reasoned that because the Constitution is the supreme law, any legislative act that conflicts with it must be declared invalid by the courts.

Step-by-Step Solution

1
Identify whether the power of judicial review is explicitly stated in the United States Constitution.
Article III of the Constitution outlines the jurisdiction and structure of the federal courts but does not explicitly mention the power of judicial review.
Understanding the distinction between explicit constitutional text and established judicial power is necessary to locate the origin of judicial review.
2
Analyze the historical development that established this power.
In Marbury v. Madison (1803), the Supreme Court first declared an act of Congress unconstitutional, establishing the precedent of judicial review.
This case operationalized the concepts of constitutional supremacy and judicial duty to interpret the law as argued in Federalist No. 78.
3
Evaluate the options to find the one that correctly explains this development.
The statement explaining that the Supreme Court asserted this authority in a landmark decision, arguing it is the judicial duty to interpret the Constitution when statutes conflict, is correct.
This matches the historical establishment of judicial review through Marbury v. Madison and judicial reasoning.

Key Concept

Establishment of Judicial Review and Constitutional Foundations
Estimated Time:1m 0s
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