It is emphatically the province and duty of the Judicial Department to say what the law is.

–John Marshall, Marbury v. Madison, opinion of the court

Use the quote to answer the question.





What argument was the author of this statement, John Marshall, making about how the federal government should function?

Responses

Only the laws created by the federal government, and approved by the court, have any authority in the federal system.
Only the laws created by the federal government, and approved by the court, have any authority in the federal system.

The judicial branch has the sole authority to establish a federal court system.
The judicial branch has the sole authority to establish a federal court system.

The judicial branch of the federal government should have power to interpret laws.
The judicial branch of the federal government should have power to interpret laws.

The judicial branch of the federal government should have the power to make laws.

The judicial branch of the federal government should have power to interpret laws.

The argument that John Marshall is making is that the judicial branch of the federal government should have the power to interpret laws.

The correct answer is:

The judicial branch of the federal government should have power to interpret laws.

John Marshall, in his statement from the Marbury v. Madison case, argued that it is the role and responsibility of the Judicial Department (or the judicial branch) to determine what the law means. In other words, the court has the power to interpret laws in order to apply them to specific cases. This highlights the principle of judicial review, which grants the courts the authority to determine the constitutionality of laws enacted by the legislative branch. Therefore, the author's argument is that the judicial branch should have the power to interpret laws.