The Judicial Branch Flashcards
Who has the power to declare laws unconstitutional?
The judicial branch
The Constitution does not explicitly grant federal courts the power of judicial review, but the power is implied in Article __ and Article __.
III and VI
This is a quote from what case? “The constitution is either a superior, paramount law,
unchangeable by ordinary means, or it is on a level
with ordinary legislative acts, and like other acts, is
alterable when the legislature shall please to alter it
…” This is a quote from what case?
Marbury V Madison
This is a quote from what case? “[Not striking down unconstitutional laws] would be
giving to the legislature a practical and real
omnipotence …”
Marbury V. Madison
Who said the following? “No legislative act … contrary to the Constitution can be valid. To
deny this, would be to affirm, that the deputy is greater than his principal;
that the servant is above his master; that the representatives of the people
are superior to the people themselves; that men acting by virtue of powers,
may do not only what their powers do not authorize but what they forbid.” And in what document?
Alexander Hamilton, Federalist #78
Where is the Supremacy Clause in the constitution that makes it the supreme law?
Article VI
Who is allowed to interpret the law?
The judicial branch
Where is this quote from? “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.”
Marbury V. Madison
Who said the following? “Those who are to be vested with [judicial power] are to be
placed in a situation altogether unprecedented in a free country.
They are to be rendered totally independent, both of the people
and of the legislature.”
Brutus
Who said the following and in what document? “The Executive not only dispenses the honors, but holds the
sword of the community. The legislature not only commands the
purse, but prescribes the rules by which the duties and rights of
every citizen are to be regulated. The judiciary, on the contrary,
has no influence over either the sword or the purse; no
direction either of the strength or of the wealth of the society; and
can take no active resolution whatever.”
Alexander Hamilton in Federalist #78
Who said the following and in what document? “It may truly be said to have neither force nor will, but
merely judgment; and must ultimately depend upon the aid of
the executive arm even for the efficacy of its judgments.”
Alexander Hamilton in Federalist #78
