Marbury v. Madison · US History

In Marshall's opinion, if two laws conflict with each other, what is the court's responsibility?

  1. To apply the law that was passed most recently
  2. To refer the matter back to the legislature for clarification
  3. To decide which of the two conflicting laws governs the case
  4. To ask the President to choose which law to enforce
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Correct answer: To decide which of the two conflicting laws governs the case

Marshall argued that it is the essence of judicial duty to determine which law applies when two conflict. If a law conflicts with the Constitution, the court must follow the Constitution as the superior law.

Difficulty: Medium Question 17 of 20

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