What was the basis of Justice John Marshall's assertion that the federal courts have the power of judicial review?
A) The Constitution grants the federal courts the power of judicial review.
B) It is the duty of the federal judges to say what the law is; therefore, it is necessary for them to interpret and expound upon the law.
C) Congress would have to ask the courts for permission to pass laws.
D) The president should not be able to "get around" Congress by issuing executive orders on any issue he or she would like.
E) The federal courts, since they are the least political branch of government, should have the power to review the actions of the political branches.

Question

Quizplus · Accepted Answer

Justice John Marshall's assertion was based on the duty of the federal judges to interpret and expound upon the law, which requires the power of judicial review. He argued that the Constitution implies this power and the judicial branch has a duty to uphold it.

What Was the Basis of Justice John Marshall's Assertion That