Question

According to Marbury v. Madison, which clause implies the right of the Supreme Court to exercise judicial review?

a. the necessary and proper clause
b. the supremacy clause
c. the faithful execution clause
d. the full faith and credit clause

Answer 1

The supremacy clause in Article VI of the Constitution is implied by the Supreme Court to exercise judicial review, as established in the case of Marbury v. Madison.

Step-by-step explanation:

According to Marbury v. Madison, the clause that implies the right of the Supreme Court to exercise judicial review is the supremacy clause. This landmark case established the principle of judicial review, which allows the Supreme Court to declare a law unconstitutional. The supremacy clause, found in Article VI of the Constitution, proclaims that the Constitution, laws passed by Congress, and treaties made by the federal government are the "supreme Law of the Land." This ensures that in the event of conflict, federal law triumphs over state laws or constitutions. The case did not directly derive judicial review from a specific clause but rather interpreted the role of the Supreme Court through its constitutional mandate to be the arbiter of the Constitution.