Entry Exam Category: High School Equivalency Exams
Course: General Education Development (GED)
Exam: GED Social Studies Practice Test
Practice Question
Extract
This excerpt discussing the U.S. Supreme Court case of Marbury v. Madison (1803) is from an article published by the National Archives in 1995.
"A Law [opposed] to the Constitution is void. With these words written by Chief Justice Marshall, the Supreme Court for the first time declared unconstitutional a law passed by Congress and signed by the President. Nothing in the Constitution gave the Court this specific power. Marshall, however, believed that the Supreme Court should have a role equal to those of the other two branches of government. When James Madison, Alexander Hamilton, and John Jay wrote a defense of the Constitution in The Federalist, they explained... "You must first enable government to control the governed; and in the next place oblige it to control itself."... The Constitution gave Congress the power to... remove officials, including judges or the President himself. The President was given the veto power to restrain Congress and the authority to appoint members of the Supreme Court.... [T]he role of the Supreme Court had not been defined. It therefore fell to a strong Chief Justice like Marshall to complete the triangular structure of checks and balances by establishing the principle of judicial review.
"A Law [opposed] to the Constitution is void. With these words written by Chief Justice Marshall, the Supreme Court for the first time declared unconstitutional a law passed by Congress and signed by the President. Nothing in the Constitution gave the Court this specific power. Marshall, however, believed that the Supreme Court should have a role equal to those of the other two branches of government. When James Madison, Alexander Hamilton, and John Jay wrote a defense of the Constitution in The Federalist, they explained... "You must first enable government to control the governed; and in the next place oblige it to control itself."... The Constitution gave Congress the power to... remove officials, including judges or the President himself. The President was given the veto power to restrain Congress and the authority to appoint members of the Supreme Court.... [T]he role of the Supreme Court had not been defined. It therefore fell to a strong Chief Justice like Marshall to complete the triangular structure of checks and balances by establishing the principle of judicial review.
How did Chief Justice Marshall contribute to the U.S. government system of checks and balances?
Answer Choices
- A: by establishing the Supreme Court's power to check Congress
- B: by creating the power to remove the president from office
- C: by expanding the president's power to check Congress
- D: by giving the Supreme Court the power to control itself
Correct Answer: A
Rationale: Ruling established judicial review letting Court invalidate congressional laws