Question 5

Judicial review was established in Marbury v. Madison.

Judicial review is the principle that allows the courts to evaluate the constitutionality of legislative and executive actions. This principle was firmly established in the landmark case of Marbury v. Madison.

A) Judicial review

This option is correct because Marbury v. Madison is the case that established the concept of judicial review in the United States. The Supreme Court, under Chief Justice John Marshall, asserted its authority to invalidate laws that conflict with the Constitution, thereby laying the foundation for the judiciary's role in safeguarding constitutional governance.

B) Executive orders

This option is incorrect as executive orders are directives issued by the President to manage the operations of the federal government. While executive orders are an important aspect of presidential power, they were not established or defined by the Marbury v. Madison case.

C) Legislative supremacy

This option is incorrect because legislative supremacy refers to the concept that the legislative branch holds primary power in policy-making. Marbury v. Madison did not affirm legislative supremacy; instead, it established the judiciary's power to review and potentially overturn legislative acts that are unconstitutional.

D) Presidential succession

This option is incorrect as presidential succession pertains to the order in which officials assume the presidency in the event of vacancy. This principle was not addressed in Marbury v. Madison, which focused on the power of judicial review rather than the mechanisms of presidential succession.

Conclusion

Judicial review is the definitive principle established by Marbury v. Madison, setting a critical precedent for the balance of power among the branches of government. The other options, while relevant to government functions, do not pertain to the specific legal principles articulated in this landmark case, underscoring the unique significance of judicial review in American constitutional law.