Pergunta
Base your answers to questions 9 and 10 on the excerpt below and on your knowledge of social studies. __ It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound (explain) and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution; if both the law and the constitution apply to a case, so that the court must either decide that case conformably faccording to the law, disregarding the constitution; or conformably to the constitution, disregarding the law,the court must determine which of these conflicting rules governs the case.This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature , the constitution, and not such ordinary act, must govern the case to which they both apply __ Source: Chief Justice John Marshall, majority opinion, Marbury v. Madison, February 24 , 1803 9 In this excerpt from Marbury v. Madison , Chief Justice Marshall established the precedent that the Supreme Court (1) can overturn laws that violate the Constitution (2) may disregard the Constitution in their decision-making (3) has an obligation to base decisions on the popular beliefs of the electorate (4) may have their decisions overruled by the executive branch of government 10 What is one important consequence of the Supreme Court's decision in Madison? (1) The Supreme Court's decisions may be reversed by a lower court. (2) Amending the Constitution became the sole responsibility of the judicial branch. (3) The power of the judicial branch was expanded. (4) Nominations of Supreme Court Justices had to be approved by a majority vote of Congress.
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LaraMestre · Tutor por 5 anos
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9. (1) can overturn laws that violate the Constitution<br />10. (3) The power of the judicial branch was expanded.
Explicação
## Step 1<br />The first question is about understanding the precedent established by Chief Justice John Marshall in the Marbury v. Madison case. The excerpt from the case clearly states that the constitution is superior to any ordinary act of the legislature. This means that the Supreme Court has the power to overturn laws that violate the Constitution.<br /><br />## Step 2<br />The second question is about the consequences of the Supreme Court's decision in Marbury v. Madison. The decision established the principle of judicial review, which means that the Supreme Court has the power to review and invalidate laws that it deems unconstitutional. This significantly expanded the power of the judicial branch.
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