May someone please explain how the 'Supremacy Clause' [Article VI ] and the 'Marbury' Case gave power to Federal and State judges to 'Legislate from the bench'? anyone please help
2007-03-24 12:06:24 · 2 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Actually, neither the constitutional clause, nor the case give powers to 'Legislate from the bench'. However, the Marbury case serves as the fundation case for the jurisdiction of the supreme court as the ultimate apellate court for acts of the executive.
The wikipedia articles on the subject explain the matter better than I could myself, I hope you find them as helpful.
2007-03-24 12:29:54 · answer #1 · answered by Svartalf 6 · 0⤊ 0⤋
Because it established "judicial review," meaning that the Supreme Court can invalidate a law that is decided to be unconstitutional.
2007-03-24 20:33:16 · answer #2 · answered by zucca 6 · 0⤊ 0⤋