Question

The concept of judicial review, which allows the Courts to determine the constitutionality of laws, was established in which case?

Answer 1

Answer: case of Marbury v. Madison (1803)

Step-by-step explanation:

The concept of judicial review, which allows the Courts to determine the constitutionality of laws, was established in the case of Marbury v. Madison (1803). This landmark decision by the Supreme Court of the United States established the Court's authority to declare an act of Congress unconstitutional, laying the foundation for the principle of judicial review

Answer 2

The concept of judicial review was established in the Supreme Court case Marbury v. Madison in 1803, allowing courts to overturn laws if deemed unconstitutional, reinforcing the system of checks and balances and the Court's role in upholding constitutional rights.

Step-by-step explanation:

Establishment of Judicial Review

The concept of judicial review was established in the landmark case Marbury v. Madison in 1803. This significant event in U.S. legal history was presided over by Chief Justice John Marshall, who determined that the courts have the power to scrutinize the constitutionality of legislative acts. While the U.S. Constitution does not explicitly mention judicial review, this case solidified the power of the Supreme Court and lower courts to evaluate and possibly nullify the actions of Congress and the Executive Branch if found unconstitutional, a crucial part of the system of checks and balances.

Through the ruling in Marbury v. Madison, Chief Justice Marshall asserted that laws contrary to the Constitution would not stand, echoing the views of Alexander Hamilton from Federalist 78. As judicial review is a tool to ensure the supremacy of the Constitution, it has been used sparingly, affecting only a small fraction of all legislation passed. Nonetheless, its existence has significantly shaped the American judicial landscape, reinforcing the Court's role in safeguarding constitutional rights.