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1. Does Marshall state that the legislature has limited or unlimited powers?

2. Which does Marshall claim is superior-the Constitution or a law of the legislature?
3. Why was the establishment of judicial review such an important decision?

1 Answer

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Final answer:

Chief Justice John Marshall asserted that the legislature is bound by the limits of the Constitution, which stands as the supreme law of the nation over any legislative acts. He established the principle of judicial review, allowing the courts to declare legislative and executive actions unconstitutional, reinforcing the system of checks and balances.

Step-by-step explanation:

Marshall on Legislature's Powers and the Superiority of the Constitution

Chief Justice John Marshall stated that the legislature's powers are limited and not unlimited. This implication is drawn from his statement that any act of the legislature that is repugnant to the Constitution is void. Therefore, the legislature can only operate within the framework of the Constitution.

Marshall claimed that the Constitution is superior to any law of the legislature. According to his reasoning, the Constitution is the 'fundamental and paramount law of the nation,' suggesting that when there is a conflict between the Constitution and a legislative act, the Constitution prevails.

Significance of Judicial Review

The establishment of judicial review was a pivotal decision because it allows the courts to examine the constitutionality of legislative acts and other government actions. It is a fundamental aspect of the checks and balances system that prevents any branch of government from exceeding its constitutional authority. Through judicial review, the Supreme Court has the power to affirm the rule of law and maintain the constitutional order.

Impact and Expansion of Judicial Review

Since the case of Marbury v. Madison, judicial review has expanded to allow the Court to review not only actions of Congress and the president but also those of state and local governments. This power is critical in ensuring that any legislative or executive action at both the federal and state levels is in accordance with the U.S. Constitution, thereby safeguarding individual rights and maintaining governmental checks and balances.

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