Chapter 5: Problem 20
Read the following passage from one of the Marshall Court’s decisions. “The framers of our Constitution foresaw this state of things and provided for it by declaring the supremacy not only of itself but of the laws made in pursuance of it. The nullity of any act inconsistent with the Constitution is produced by the declaration that the Constitution is supreme law. The appropriate application of that part of the clause which confers the same supremacy on laws and treaties is to such acts of the state legislatures as do not transcend their powers, but though enacted in the execution of acknowledged state powers, interfere with, or are contrary to, the laws of Congress, made in pursuance of the Constitution or some treaty made under the authority of the United States. In every such case, the act of Congress or the treaty is supreme; and the law of the state, though enacted in the exercise of powers not controverted, must yield to it. . . .” The Court could use this argument to support its decision in which case? A. Barron v. Baltimore B. Dartmouth College v. Woodward C. Gibbons v. Ogden D. Marbury v. Madison
Short Answer
Step by step solution
Key Concepts
These are the key concepts you need to understand to accurately answer the question.