What key power was established in Marbury v Madison?

Discover the essentials of the Constitution DCA Test with flashcards and multiple choice questions. Each query is detailed with hints and explanations. Ace the exam confidently!

The key power established in Marbury v. Madison is judicial review. This landmark Supreme Court case, decided in 1803, set the precedent that the Supreme Court has the authority to invalidate legislation and executive actions that are found to be in conflict with the Constitution. This power allows the judiciary to ensure that acts of Congress and actions taken by the President adhere to the Constitution, thereby upholding the rule of law.

Judicial review is significant because it empowers the courts to act as a check on the legislative and executive branches of government, ensuring that no law or executive act can stand if it is unconstitutional. This principle is fundamental to the functioning of the U.S. government, reinforcing the balance of power among the branches and protecting individual rights.

The other options, while related to important concepts in governance, do not specifically pertain to the core issue decided in Marbury v. Madison. Judicial activism refers to an approach where judges interpret laws and the Constitution actively, which can lead to more expanded rights or policies but is distinct from establishing judicial review. Implied powers relate to powers not explicitly stated in the Constitution but assumed to be necessary for the government to function, originating largely from the Necessary and Proper Clause. Separation of powers describes the division of government responsibilities

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