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1. What does John Marshall see as the fundamental nature of the Constitution?

2. According to Marshall's conception of the Constitution, what is the role of the Supreme Court?

3.What then is the basic argument at the heart of all cases heard before the Court?

4.. Given President Jefferson's views on the Constitution and the limits of federal power, how might he and his Republican supporters have reacted to Marshall's line of argument?

Respuesta :

anthougo

1. John Marshall, who was the Chief Justice for more than 30 years, sees the Constitution as the supreme law of the nation that should be the basis for all legislative, executive, and judiciary actions.

2. The role of the Supreme Court, according to Marshall, is the final arbiter and interpreter of the Constitution.

  • Based on Marshall's conception of the Constitution as the supreme law of the land, Marshall states that the Supreme Court can overrule Congress, the president, state governments, and lower courts.

  • Marshall established judicial review of both legislative and executive branches of the government, thereby strengthening the Court as equal to these two branches of government.

3. The basic argument at the center of all cases, which have been heard in the Supreme Court, is the issue of constitutionality. Compliance with the Constitution is paramount.

4. President Jefferson and his Republic supporters' reaction to Marshall's line of argument was that the legislature should be allowed to interpret its laws.

Chief Justice Marshall disagreed. He established through his ruling in the case of Marbury v. Madison that the Court has the power of judicial review.

Thus, the judicial review power bequeathed to the Supreme Court by Marshal enabled it to be the final arbiter and interpreter of the Constitution and effectively enlivened checks and balances of legislative and executive authorities.

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