Answer:
Judicial review and Marbury v. Madison
Step-by-step explanation:
Since the Constitution does not mention judicial review, how do the federal courts have this power? To answer that, we must study the words of early U.S. leaders and an important U.S. Supreme Court case, Marbury v. Madison, that established the power and expanding role of the nation's highest court.
In Federalist No.78, Alexander Hamilton described the role and functions of the judicial branch, including the power of judicial review. In this quote, he names the courts as protectors of the people and a check on the legislative branch because they can overrule laws that are outside the scope of their powers under the Constitution. While newspaper essays published during the Constitution ratification debates do not have the force of law, the words of Hamilton and others had a powerful effect on increasing the understanding of the intentions of the framers.
In 1803, the Supreme Court decided the case of Marbury v. Madison. The background of the case:
President John Adams appointed William Marbury to a federal position as he prepared to leave office.
When President Thomas Jefferson took over, he ordered his Secretary of State James Madison not to deliver the commission required for Marbury to take office. Marbury was from an opposing political party.
Marbury then filed a lawsuit for the court to force Madison to deliver the commission.
Chief Justice John Marshall delivered the court opinion that neither the president nor his staff could withhold the commission, that to do so would violate federal law.
This case may seem insignificant today, but it set an important precedent. In Marbury v. Madison, the justices determined that the Supreme Court could decide whether an act or law is a violation of the Constitution. The decision also made clear that one role of the Supreme Court is to clarify the meaning of laws and have the final say on interpretations of the law and Constitution.
While most scholars agree that this case established the power of judicial review, they do not agree on the scope of that power. The Constitution is not specific on the powers of the Supreme Court. So there are questions such as whether the Supreme Court can declare any law, statute, or act as unconstitutional or whether it is limited to certain areas. Chief Justice Marshall had a strong role in shaping its role and powers through decisions such as Marbury v. Madison.
So that tells us that the answer is in fact, D(judicial review and marbury v madison)