Question

Identify two aspects of Marbury v. Madison that provided the Supreme Court with the power of judicial review.

Answer 1

In Marbury v. Madison, the Supreme Court gained the power of judicial review through two aspects:

Step-by-step explanation:

In the case of Marbury v. Madison, there were two aspects that provided the Supreme Court with the power of judicial review:

1. The Court ruled that Congress's Judicial Act of 1789, which would have given the Supreme Court the power to grant Marbury remedy, was unconstitutional because the Constitution did not allow for cases like Marbury's to come directly before the Supreme Court. By finding this act unconstitutional, the Court asserted its power to review and possibly nullify the actions of Congress.
2. Additionally, Chief Justice John Marshall recognized that individuals have rights that even the president cannot abridge. He stated that Marbury had the right to a legal remedy, establishing the principle that individuals can seek legal recourse and that the Court has the power to protect those right.