Want to know:

Please use the following excerpts to answer question 22. The following excerpt is from the Majority Decision of Marbury v. Madison (1803). "It is emphatically the province and duty of the Judicial Department [the judicial branch] 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 [e.g., a statute or treaty] 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. Those, then, who controvert the principle that the Constitution is to be considered in court as a paramount law are reduced to the necessity of maintaining that courts must close their eyes on the Constitution, and see only the law [e.g., the statute or treaty]. This doctrine would subvert the very foundation of all written constitutions. (Chief Justice John Marshall)"The following excerpt is from a letter to AbigailAdams from Thomas Jefferson (1804). The Constitution . . . meant that its coordinate branches should be checks on each other. But the opinion which gives to thejudges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.22. What can be concluded from these twoexcerpts?a. Thomas Jefferson was supportive of thejudiciary branch maintaining theConstitution.b. The judiciary branch prior to 1803 did notdecide whether laws being formed by theother two branches were constitutional ornot.c. The coordinate branches check and balanceeach other through the Constitution.d. The law should be blind to the Constitutionand apply to each case as such.

Get a detailed, AI-powered explanation for this question and thousands more on StudyFetch.