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Who said The constitution is superior to an ordinary act of the legisture and a law repugnant of the constitution is void it is emphatically the province of judicial department to say what the law is?
Chief Justice John Marshall in Marbury v. Madison
What does Marshall say is the duty of the court when a law is repugnant to the constitution?
Marshall asserts that it is the duty of the court to uphold the Constitution as the supreme law of the land. When a law is found to be repugnant to the Constitution, the court must declare it void and refuse to enforce it. This principle reinforces the judiciary's role in interpreting the law and ensuring that legislative actions comply with constitutional standards. Ultimately, the Constitution serves as a safeguard against legislative overreach.
Why must a law be struck down if it violates the Constitution?
Decision of the Supreme Court in Marbury v. Madisondelivered by Chief Justice John Marshall"So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, … the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.…The particular phraseology [wording] of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument."
After a law has passed, if it conflicts with the Constitution, it can be made void by the _________.?
Supreme Court
If a law violates the US Constitution it is said to be?
Any practice or law that violates the constitution is unconstitutional.
What is important about the court voiding a law?
The court has to take into consideration whether a law is considered constitutional or unconstitutional depending on whether a law is upheld by the constitution or not. The constitution has to support a law for it not to be void.
Why is Supreme Court called the guardian of the constitution?
Because the supreme court is given the power to protect ,safeguard,and uphold the constitution and empower to declare a law null and void if it is found to be in consistant with the constitution.Therefore supreme court is said to be the guardian of indian constitution.
Why is Indian supreme court called the guardian of constitution?
Because the supreme court is given the power to protect ,safeguard,and uphold the constitution and empower to declare a law null and void if it is found to be in consistant with the constitution.Therefore supreme court is said to be the guardian of indian constitution.
After a law is passed if it is in conflict with the Constitution it can be made void by what?
Its by the Supreme Court.
Did the argument of the Kentucky Resolutions challenge the Constitution or uphold it?
The Kentucky Resolution said that each state has the right and responsibility to declare a federal law unconstitutional and void. Additionally, when this is so, nullification of the law by the state is the proper remedy.
Why is the supreme court called the guardian of the constitutation?
Because the supreme court is given the power to protect ,safeguard,and uphold the constitution and empower to declare a law null and void if it is found to be in consistant with the constitution.Therefore supreme court is said to be the guardian of indian constitution.
Does Article VI of the US Constitution apply in the absence of state law?
Yes. Article VI of the Constitution applies, and is relevant, as long as the potential exists for any entity -- particularly the states -- to pass any law repugnant to the US Constitution. In other words, Article VI can be applied prophylactically.
