Institutions of Government

Question 1

Marbury v. Madison (1803)

Answer 1

The first U.S. Supreme Court case to apply the principle of “judicial review” – the power of federal courts to void acts of Congress in conflict with the Constitution.

Question 2

United States v. Nixon (1974)

Answer 2

The Court held that neither the doctrine of separation of powers, nor the generalized need for confidentiality of high-level communications, without more, can sustain an absolute, unqualified, presidential privilege. The Court granted that there was a limited executive privilege in areas of military or diplomatic affairs, but gave preference to “the fundamental demands of due process of law in the fair administration of justice.”