Question 74

Marbury v. Madison (1803) established the precedent for the Supreme Court’s power of judicial review.

The landmark case of Marbury v. Madison (1803) is significant as it was the first instance where the Supreme Court asserted its authority to review and invalidate legislation that it found to be unconstitutional, thus establishing the power of judicial review.

A) Marbury v. Madison (1803)

This option is correct because Marbury v. Madison was the case in which Chief Justice John Marshall articulated the principle of judicial review. The ruling determined that it is the duty of the judiciary to interpret the law and ensure that no law contravenes the Constitution, cementing the role of the Supreme Court in the American legal system.

B) McCulloch v. Maryland (1819)

While McCulloch v. Maryland is an important case regarding federal power and the supremacy of federal laws over state laws, it did not establish the principle of judicial review. Instead, it reinforced the idea that Congress has implied powers beyond those explicitly listed in the Constitution, but it did not address the Court's authority to review laws.

C) Gibbons v. Ogden (1824)

Gibbons v. Ogden focused on the regulation of interstate commerce and helped clarify the scope of Congress's legislative powers. However, this case did not establish judicial review. Its significance lies in defining federal authority over state laws in commerce rather than in the Court’s ability to review and nullify legislation.

D) Dred Scott v. Sandford (1857)

Dred Scott v. Sandford is known for its controversial ruling regarding slavery and citizenship, but it did not establish judicial review. While the Supreme Court did rule on the constitutionality of the Missouri Compromise, it did not set a precedent for judicial review; rather, it raised significant issues regarding states' rights and federal authority.

E) Plessy v. Ferguson (1896)

Plessy v. Ferguson is best known for upholding the constitutionality of racial segregation under the "separate but equal" doctrine. Although this case had far-reaching impacts on civil rights, it did not address the concept of judicial review. Its focus was on civil liberties rather than the authority of the Court to review legislative acts.

Conclusion

Marbury v. Madison (1803) is the definitive case that established the principle of judicial review, allowing the Supreme Court to invalidate laws that conflict with the Constitution. All other options, while significant in their own contexts, do not pertain to the establishment of judicial review and therefore fail to answer the question correctly.