Question 32

Judicial review

Marbury v. Madison established the principle of judicial review, which allows the Supreme Court to declare laws and actions unconstitutional. This landmark case set a precedent for the judiciary's role in interpreting the Constitution.

A) Judicial review

This option is correct as Marbury v. Madison explicitly established the power of judicial review, allowing courts to invalidate laws that are found to conflict with the Constitution. The decision underscored the judiciary's role as a check on the other branches of government.

B) Executive orders

This option is incorrect because Marbury v. Madison did not address or establish the concept of executive orders. Executive orders are directives issued by the President, which are separate from the judicial review established in this case.

C) Legislative supremacy

This option is incorrect as legislative supremacy refers to the principle that the legislative branch has ultimate authority in law-making. Marbury v. Madison actually limited legislative power by asserting that the judiciary could review and potentially nullify legislative acts that violate the Constitution.

D) Presidential succession

This option is incorrect since Marbury v. Madison did not pertain to presidential succession. The case focused on the authority of the judiciary rather than issues related to the succession of the presidency.

Conclusion

Judicial review, established in Marbury v. Madison, is a foundational principle that empowers courts to ensure that no law or executive action contravenes the Constitution. Other options, such as executive orders, legislative supremacy, and presidential succession, do not relate to the core legal principle established by this influential case, highlighting its unique importance in American law.