1801–1848 - AP U.S. History

Card 1 of 264

0
Didn't Know
Knew It
0
1 of 2019 left
Question

"If an act of the Legislature repugnant to the Constitution is void, does it, notwithstanding its invalidity, bind the Courts and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory, and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration.

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."

What U.S. Supreme Court case is the passage excerpted from?

Tap to reveal answer

Answer

Marbury v. Madison (1803) established the principle of judicial review. It held that the Supreme Court had the authority to invalidate legislation passed by Congress that was unconstitutional. Its author was Chief Justice John Marshall.

← Didn't Know|Knew It →