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Zorluk: KolayThe Marshall Court and Judicial Nationalism

"That the United States form, for many, and for most important purposes, a single nation, has not yet been denied. In war, we are one people. In making peace, we are one people. In all commercial regulations, we are one and the same people. . . . The constitution and laws of a state, so far as they are repugnant to the constitution and laws of the United States, are absolutely void. These states are constituent parts of the United States. They are members of one great empire. . . ."

— Chief Justice John Marshall, majority opinion in *Cohens v. Virginia* (1821)

Which of the following developments in the early nineteenth century is most directly reflected in the excerpt?

  1. The assertion of the supremacy of federal law over state lawsCevap
  2. B
    The triumph of the strict constructionist view of the Constitution
  3. C
    The restriction of the Supreme Court's authority over state judicial decisions
  4. D
    A return to the decentralized power structure of the Articles of Confederation

Cevap

The assertion of the supremacy of federal law over state laws
The correct answer is correct because John Marshall explicitly states that state laws that are 'repugnant to the constitution and laws of the United States, are absolutely void.' This directly established the principle of federal supremacy, meaning that federal law and the Constitution override conflicting state laws, a key aspect of judicial nationalism.

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1
Analyze the stimulus document to identify the central argument.
The author (John Marshall) argues that the United States is 'a single nation' and that state laws that conflict with the U.S. Constitution or federal laws are 'absolutely void.'
Understanding the source's main point is necessary to relate it to early nineteenth-century historical developments.
2
Identify the historical context and the specific case (Cohens v. Virginia, 1821) or court era.
The era is the Marshall Court (1801–1835), which is well known for promoting judicial nationalism, strengthening the federal government, and asserting federal supremacy over the states.
Placing the source in its correct historical context connects the excerpt to the broader learning objective of judicial nationalism.
3
Evaluate the choices to find which one aligns with the goal of establishing federal authority over states.
The option asserting the supremacy of federal law over state laws perfectly matches Marshall's claim that conflicting state laws are 'absolutely void.'
This confirms the correct option represents the core principle of judicial nationalism demonstrated by the Marshall Court.

Anahtar Kavram

Judicial Nationalism and Federal Supremacy
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Konular

The Marshall Court and Judicial Nationalism

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