Question

In: Economics

Do you think the Supreme Court is a de facto law maker, and do you think...

  1. Do you think the Supreme Court is a de facto law maker, and do you think there is a difference between the role of the Judiciary set forth in the Constitution and that stated in Marbury v. Madison? Are the Constitution and Marbury consistent with each other?

Solutions

Expert Solution

Yes, the Supreme Court considered as a de facto law maker as it holds a specified position. it's the decision of the Supreme Court, being the best of all courts. The Supreme Court created most of its power and authority through review. there's no difference between the role of the Judiciary set forth within the Constitution which stated in Marbury v. Madison. Marbury v. Madison case established that the Supreme Court has the power to strike down laws, statutes, and a few government actions that violate the Constitution. Supreme Court has the ability to review and alter the state court decision and might review pending cases in state court. Yes, the Constitution and Marbury consistent per one another. Marbury legitimized the power of the Supreme Court to guage the constitutionality of acts of the president or Congress. In Marbury case the Supreme Court announced the principle that when law and constitution both come together in a case court may declare an act of Congress void if it's inconsistent with the Constitution.


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