Question

compare Boerne v. Flores to Marbury v. Madison. Which power was used by the Supreme Court in each case? How were the Supreme Court’s rulings similar in each case?

Answer 1

Boerne v. Flores is an example of judicial review, which was created in Marbury v. Madison. The court can use cases such as Boerne to determine the constitutionality of laws passed by Congress. In Marbury, the Court ruled that Congress had overstepped its constitutional powers with the Judiciary Act of 1789. In Boerne, the Court again ruled that Congress overstepped its powers. Congress must abide by the principle of limited government, and it must respect separation of powers.

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Answer 2

Flores is an example of judicial review, which was created in Madison. The court can use cases such as Boerne to determine the constitutionality of laws passed by Congress. In Marbury, the Court ruled that Congress had overstepped its constitutional powers with the Judiciary Act of 1789. In Boerne, the Court again ruled that Congress overstepped its powers. Congress must abide by the principle of limited government, and it must respect separation of powers.