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“It Is Emphatically the Province and Duty of the Judicial

Question 12

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“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 statements reflects a criticism of judicial review?


A) It means that Congress cannot pass laws without judicial approval.
B) It gives the president too much power over the courts.
C) It gives the court too much power over the other two branches.
D) The Supreme Court can single-handedly change the Constitution.-Consider This: Judicial review gives the Supreme Court power to determine a law's constitutionality,not to amend or change the Constitution itself.

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