Marbury vs. Madison: If Congress passes a law that conflicts with the Constitution?

Question

which one are we required to follow: the new law or the U.S. Constitution?

Thanks in advance.

Answer 1

If the new law is repugnant to the Constitution it is null and void. That is what Chief Justice of the United States John Marshall wrote in the Supreme Court decision you cited.
The repugnancy is demonstrated by a test case filed at the Federal district court level and which works its way up through the appelate level to a hearing and decision by the Supreme Court. But, until the Court invokes what I call the "Marshall Doctrine" that law must be obeyed.

Answer 2

As many have answered, if a law is in conflict with the Constitution, the Constitution then must prevail, Marbury v Madison solidified Judicial Review in American jurisprudence, although Alexander Hamilton expounded on the principle of Judicial review in Federalist 79. The reason the Constitution must be follow is simple; if a Law is passed that violates the spirit of the Constitution, then Congress can pass any law it wishes regardless of what the Constitution says. This would mean that the Constitution is nugatory and all political power flows from Congress. Our Constitution, which is limited in the powers it gives government, needs the courts to expound on the laws that are unconstitutional, otherwise, our government has no limits in what it can do.

Answer 3

I would say your safest bet is the newest law that was passed. Until a federal court rules the law the unconstitutional/null and void it is the law of the land. Even if it is blatantly against the Constitution and expectations of reasonable men and women.

Answer 4

Marbury v. Madison, 5 U.S. (a million Cranch) 137 (1803) is a landmark case in united states of america regulation. It shaped the foundation for the workout of judicial overview interior the united states below Article III of the form. this concern resulted from a petition to the final courtroom by potential of William Marbury, who were appointed by potential of President John Adams as magistrate interior the District of Columbia yet whose value develop into no longer for this reason extra. Marbury petitioned the final courtroom to rigidity Secretary of State James Madison to furnish the information, however the courtroom, with John Marshall as chief Justice, denied Marbury's petition, keeping that area of the statute upon which he based his declare, the Judiciary Act of 1789, develop into unconstitutional. Marbury v. Madison develop into the 1st time the final courtroom declared something "unconstitutional," and commonly used the theory of judicial overview interior the U.S. (the theory that courts might oversee and nullify the strikes of yet another branch of government). The landmark determination helped define the "exams and balances" of the yankee style of government.

Answer 5

the U.S. constitution. Think in terms of Judicial Review. The supreme court can strike down any law that congresses passes that is deemed unconstitutional

Answer 6

If the newly created law goes against the Constitution,the new law is declared null and void.

Answer 7

Then it goes to the supreme court for them to decide if it is constitutional

Answer 8

the new law.... the old constitution is considered null and void