Which of the following gave the U.S. Supreme Court the authority to invalidate an act of Congress as unconstitutional?
issues search warrants, decides bail, and decides whether pretrial motions shall be granted or not. Show
decides the legal matters before the court ensures that proper procedures are followed and the defendant's rights are protected decides the credibility of testimonial, documentary, and demonstrative evidence admitted at trial serves as the criminal defendant's fundamental protection of life and liberty against race or color prejudice decides whether those charged with crimes are guilty Marbury v. MadisonThe U.S. Supreme Court case Marbury v. Madison (1803) established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional. The unanimous opinion was written by Chief Justice John Marshall. President John Adams named William Marbury as one of forty-two justices of the peace on March 2, 1801. The Senate confirmed the nominations the following day, March 3, which was Adams's last full day in office. However, acting Secretary of State John Marshall failed to deliver four of the commissions, including Marbury’s. When Thomas Jefferson took office on March 4, he ordered that the four remaining commissions be withheld. Marbury sued the new secretary of state, James Madison, in order to obtain his commission. The Supreme Court issued its opinion on February 24, 1803. Library of Congress Web Site | External Web Sites | Selected Bibliography Digital Collections A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875
Thomas Jefferson Papers, 1606 to 1827
U.S. Reports
Congress.gov
Guide to Law Online
External Web Sites
Selected Bibliography
Younger Readers
Can the Supreme Court invalidate an act of Congress?The president can veto legislation; Congress can override a veto. The Courts can invalidate an act of Congress or the president. And the executive and legislative branches enjoy checks against the judiciary. The Constitution called for the establishment of a Supreme Court and lower federal courts.
WHO declared the Judiciary Act unconstitutional?majority opinion by John Marshall. Though Marbury was entitled to it, the Court was unable to grant it because Section 13 of the Judiciary Act of 1789 conflicted with Article III Section 2 of the U.S. Constitution and was therefore null and void.
Which power allows the Supreme Court to invalidate acts of the other branches if they contradict the principles of Constitution?Judicial review allows the Supreme Court to take an active role in ensuring that the other branches of government abide by the constitution. The text of the Constitution does not contain a specific provision for the power of judicial review.
What law did the Supreme Court declared unconstitutional?Marbury v. Madison was the first instance in which a law passed by Congress was declared unconstitutional. The decision greatly expanded the power of the Court by establishing its right to overturn acts of Congress, a power not explicitly granted by the Constitution.
|