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Terms in this set (111)
"That inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice, can certainly not be expected from judges who hold their offices by a temporary commission. Periodical appointments, however regulated, or by whomsoever made, would, in some way or other, be
fatal to their necessary independence."
-Alexander Hamilton, Federalist No. 78, "The Judiciary Department," 1788
Which of the following government policies would the author most likely support?
"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.
If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply."
-John Marshall, decision in Marbury v. Madison (1803)
Which of the following statements best summarizes Marshall's
argument?
US GOVERNMENT
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US GOVERNMENT
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US GOVERNMENT
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US GOVERNMENT
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