"So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law, disregarding the constitution;or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply." -John Marshall, decision in Marbury v. Madison (1803) Which of the following statements best summarizes Marshall's argument? Choose 1 answer: A The Supreme Court should judge whether the law or the Constitution ought to determine a case B The Supreme Court should judge whether a law is constitutional C The Supreme Court should judge ordinary acts as equal to the Constitution D The Supreme Court should judge whether both a law and the Constitution apply to a case

Question

"So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law, disregarding the constitution;or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply." -John Marshall, decision in Marbury v. Madison (1803) Which of the following statements best summarizes Marshall's argument? Choose 1 answer: A The Supreme Court should judge whether the law or the Constitution ought to determine a case B The Supreme Court should judge whether a law is constitutional C The Supreme Court should judge ordinary acts as equal to the Constitution D The Supreme Court should judge whether both a law and the Constitution apply to a case

Answer 1

## Step 1The problem presents a passage from John Marshall's decision in Marbury v. Madison (1803). The passage discusses the role of the Supreme Court in determining whether a law or the Constitution should govern a case.## Step 2The passage emphasizes that the Supreme Court must decide which of these conflicting rules governs the case. This is a fundamental aspect of judicial duty.## Step 3The passage also states that the Constitution is superior to any ordinary act of the legislature. Therefore, the Constitution, not an ordinary act, must govern the case to which they both apply.## Step 4Based on the above analysis, the statement that best summarizes Marshall's argument is that the Supreme Court should judge whether a law is constitutional. This is because the Supreme Court must decide which of the conflicting rules (the law or the Constitution) governs the case.

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