What is the main task of judicial?

Answer 1

In the opinion of the case Marbury v. Madison, 5 US 137 (1803), Chief Justice John Marshall wrote:

"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. 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."

Answer 2

In his opinion for the case Marbury v. Madison, (1803), Chief Justice Marshall argued that the United States operated under the rule of law (the Constitution), not the rule of men.

He believed the role of the "judicial department" (constitutional courts, especially the Supreme Court) was to interpret and apply the law, and to determine whether the law conformed with the Constitution. According to Marshall, if the law and Constitution conflicted, the law would become void because the Constitution is the supreme law of the land (Article VI, Supremacy Clause).

Excerpt from the opinion of Marbury v. Madison:

• "If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration.

  "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. 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 he 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."

Answer 3

The main duties of the Supreme Court justices are:

• Hear important cases
• Review briefs and discuss
• Vote and then issue a decision