QUICK PLS!!

Excerpt from the Marbury v. Madison Decision


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.

So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.


1.) How does this case establish a check on governmental power?

-it allows the court itself to write laws

-it allows the court to regulate interstate commerce

-it allows the court to impeach the president if he or she is found guilty of crimes

-it allows the court to rule on whether any law passed by Congress is constitutional


2.) How does this case reflect the idea of separation of powers?

-the court can rule on laws but not write them
-the court can only rule on laws that concern civil rights

-the court can only rule on laws passed by state legislators

-the court can rule on laws but the states do not have to obey the courts rulings