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Zorluk: OrtaThe Marshall Court and Judicial Nationalism

"To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. . . . Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control."
— Thomas Jefferson, letter to William C. Jarvis, 1820

Which of the following developments in the early 1800s best explains the concerns expressed by Jefferson in the passage?

  1. A
    The Supreme Court issuing decisions that systematically dismantled the power of the national government in favor of state sovereignty.
  2. B
    The federal government's creation of defensive military alliances with Latin American nations to enforce the Monroe Doctrine.
  3. The Supreme Court's assertion of the power to nullify congressional legislation and state laws.Cevap
  4. D
    The efforts of Democratic-Republicans to promote a strict constructionist interpretation of the Constitution to justify federal funding for internal improvements.

Cevap

The Supreme Court's assertion of the power to nullify congressional legislation and state laws.
The correct option is correct because the Marshall Court, through key decisions like Marbury v. Madison (1803), established the doctrine of judicial review. This doctrine empowered the federal judiciary to declare acts of Congress and state governments unconstitutional, effectively positioning the Supreme Court as the final arbiter of constitutional meaning, which directly matches the threat of judicial oligarchy described by Jefferson.

Adım Adım Çözüm

1
Analyze the stimulus document for Jefferson's core argument.
Jefferson argues that designating judges as the ultimate arbiters of constitutional questions creates an unchecked oligarchy due to their life tenure.
Understanding the source text identifies the political concern regarding judicial overreach.
2
Connect the concerns to Marshall Court developments in the early nineteenth century.
The Marshall Court established the principle of judicial review in Marbury v. Madison (1803) and later asserted federal judicial supremacy over state rulings.
This links Jefferson's theoretical fears in 1820 to the actual expansion of judicial authority under John Marshall.
3
Evaluate the choices to find the one matching the constitutional power of judicial review.
The option asserting the Court's power to nullify federal and state laws directly matches the concept of judicial review.
This completes the identification of the correct historical context and rule.

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Judicial Review and the Marshall Court
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The Marshall Court and Judicial Nationalism

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