US — Constitutional Law (AI set 1)

All cards in this deck

Marbury v. Madison — what power did the Court establish, and on what basis?

In Marbury v. Madison (1803), Chief Justice Marshall held that the Supreme Court has the power of judicial review — the authority to strike down federal legislation inconsistent with the Constitution. The Court reasoned that the Constitution is supreme law, and 'it is emphatically the province and duty of the judicial department to say what the law is.'

Separation of powers — what structural principle underlies judicial review per Marbury?

Marbury v. Madison (1803) established that the three branches — legislative, executive, and judicial — operate within defined constitutional limits, and no branch may exceed its assigned powers. The judiciary's unique role is to interpret the Constitution, making acts of Congress that violate it void and of no force.

Marbury v. Madison — what happens when a congressional statute conflicts with the Constitution?

In Marbury v. Madison, 5 U.S. 137 (1803), Chief Justice Marshall held that a statute repugnant to the Constitution is void and the courts must give effect to the Constitution over the conflicting law. This principle — that the Constitution is supreme law — is the foundation of American judicial review.

Separation of powers — why is the judiciary's role in Marbury essential to constitutional government?

Marbury v. Madison, 5 U.S. 137 (1803), explained that without a court empowered to say what the law is and to void unconstitutional acts, the written Constitution would be reduced to a meaningless document. The judicial branch's interpretive function is structurally necessary to prevent legislative or executive overreach.

Marbury v. Madison — what is the significance of the case for the principle of constitutional supremacy?