CLEP US Government

Category - Courts

The US Supreme Court, with its ruling in the case Marbury v. Madison (1803), established:
  1. That state courts could not apply federal laws.
  2. The power of Congress to create additional federal courts.
  3. The right of federal courts to hear state disputes.
  4. That the courts could review laws to determine if they conflicted with the Constitution.
  5. That states could not sue each other.
Answer: D - Marbury v. Madison established the doctrine of “judicial review”-that federal courts could deem the constitutionality of laws. John Marshall, who wrote the decision, performed some brilliant political maneuvering by both having President Jefferson (through his Secretary of State Madison) win the case and granting power to the courts that Jefferson despised. Jefferson couldn’t do anything against the decision, since he actually won, and he came to further despise his cousin, Chief Justice John Marshall. (Yep, they were cousins.)
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