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“It Is Emphatically the Province and Duty of the Judicial

Question 18

Multiple Choice

“It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each…. If, then, the Courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the Legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply…. The judicial power of the United States is extended to all cases arising under the Constitution.”
--Chief Justice John Marshall, Marbury v. Madison, 1803
-Which of the following powers did Marshall assert the Supreme Court had in Marbury v.Madison?


A) the power to make laws -Consider This: This power stayed with Congress,but the Court has the power to interpret the constitutionality of those laws.
B) the power to declare laws unconstitutional
C) the power to give out federal jobs
D) the power to make rules for the executive branch

Correct Answer:

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