Question

What was the basis of justice john marshall's assertion that the federal courts have the power of judicial review? a. the president should not be able to "get around" congress by issuing executive orders on any issue he or she would like. b. it is the duty of the federal judges to say what the law is; therefore, it is necessary for them to interpret and expound upon the law. c. the constitution grants the federal courts the power of judicial review. d. the federal courts, since they are the least political branch of government, should have the power to review the actions of the political branches. e. congress would have to ask the courts for permission to pass laws?

Answer 1

The correct answer is B. "It is the duty of the federal judges to say what the law is: therefore it is necessary for them to interpret and expound upon the law."

The concept of judicial review, established in the Marbury vs. Madison case, is one of the most important Supreme Court rulings in United States history. This idea that the federal judges have the ability to interpret what the law means allows for them to rule on whether acts of legislation made by the Congress/President violate the constitution. This precedent has been used constantly since this court case in the early 19th century.