Question

Which of the following statements about judicial review is correct? It is the power of the judicial branch to determine whether a law is acceptable under the Constitution, as established by the case Marbury v. Madison. It is the power of the judicial branch to determine a proposed bill is acceptable under the Constitution, as established by the case McCulloch v. Maryland. It is the power of the executive branch to determine whether a court decision is acceptable under the Constitution, as established by the case Marbury v. Madison. It is the power of the executive branch to determine whether a court punishment is acceptable under the Constitution, as established by the case McCulloch v. Maryland.

Answer 1

First statement is correct. Marbury v. Madison raises the need for a jury to review a law elevated by Congress when it contravenes the constitution in some aspect.

The second statement is not correct. McCulloch v. Mariland is important because it determines that the federal government has implicit powers over the states.

The third statement is incorrect because Marbury v. Madison does not grant executive power to evaluate whether a court decision is unconstitutional; on the contrary, it is the supreme court that has the final say in case a congressional law overrides the constitution.

The fourtj statement is incorrect. McCulloch v. Maryland is a case of tax competition. It does not grant any power to the executive and does not have to do with penalties imposed by the court.