Question

thus, the particular phraseology of the constitution of the united states confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.”

—chief justice john marshall, marbury v. madison (1803)

1. what does chief justice marshall mean in saying that “a law repugnant to the constitution is void”?

a. a federal law that contradicts state constitutions gives the federal government too much power.
b. a law that runs counter to the u.s. constitution is not valid and need not be followed.
c. citizens retain the right to break laws they consider invalid as a form of civil disobedience.
d. all laws have to be reviewed against the constitution to determine if they reflect powers granted in that document.

1. the supreme court’s decision in marbury v. madison established that the supreme court had the power to determine the constitutionality of acts of congress. what is the term for that power?

a. judicial activism
b. judicial authority
c. judicial responsibility
d. judicial review

questions 33–35 are based on the following passage.

the governor is empowered to veto single items of the budget bill, appending to each a message, and to return the same to the legislature if it is still in session. such items can be enacted over his veto. this authority, not possessed by the president of the united states, lays a heavy responsibility on the governor for the integrity of the budget in all its parts.

all bills passed within the last ten days of a legislative session fall under what is called the “30-day” rule. none can become a law unless within 30 days (sundays included) it has been signed by the governor.

the veto power is not used sparingly. more than one out of four bills falls to the deadly

Explanation:

Question 31

To solve this, we analyze each option:

• Option A: The quote is about laws contradicting the U.S. Constitution, not state constitutions, so A is wrong.
• Option B: "Repugnant to the constitution is void" means a law against the U.S. Constitution is invalid and not to be followed, which matches.
• Option C: The quote is about courts and departments being bound, not citizens' civil disobedience, so C is wrong.
• Option D: The quote is about invalidity of unconstitutional laws, not all laws needing review, so D is wrong.

We recall the terms:

• Option A: Judicial activism is about courts using power broadly, not matching.
• Option B: Judicial authority is a general term, not specific to this power.
• Option C: Judicial responsibility is about duties, not this power.
• Option D: Judicial review is the power of courts to declare laws unconstitutional, which matches the Marbury v. Madison decision.

Answer:

B. A law that runs counter to the U.S. Constitution is not valid and need not be followed.

Question 32