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Nancy Delain
Nancy Delain, Attorney
Category: Business Law
Satisfied Customers: 198
Experience:  Registered Patent Attorney (1/2005); Attorney at Law (1/2004); M.S., Tech Writing (5/1981)
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should judges have the power to overrule the statutory law

Resolved Question:

should judges have the power to overrule the statutory law?
Submitted: 8 years ago.
Category: Business Law
Expert:  Nancy Delain replied 8 years ago.
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In the US, the government is made up of three branches — executive (the president and the federal agencies), legislative (Congress) and judicial (courts). These three branches are designed by the US Constitution to exercise checks and balances each on the other. Thus, the courts can tell the Congress that a statutory law is unconstitutional, just as the Congress tells the courts who can sit on the federal judiciary.

In Marbury v. Madison, 5 U.S. 137 (1803). 5 U.S. 137 (Cranch), the US Supreme Court decided that it was indeed proper for judges to overrule statutory law. And quite correctly so; that case, decided in 1803, is still good law.

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