The Rise of Political Parties and the Era of Jefferson

AP US History· difficulty 3/5

"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." — Chief Justice John Marshall, Marbury v. Madison (1803)

The principle articulated in this passage most directly established which power of the federal judiciary?

  • A

    Authority to issue writs of habeas corpus

  • B

    Original jurisdiction over interstate disputes

  • C

    Judicial review of acts of Congress

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  • D

    Appellate review of state criminal cases

Explanation

Marbury v. Madison (1803) established judicial review, the power of the Supreme Court to declare acts of Congress unconstitutional, by striking down a section of the Judiciary Act of 1789.

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