SCOTUS Comparison Practice

Marbury v. Madison (1803)

FRQ Prompt

Following the Brown v. Board of Education decision, the state of Arkansas resisted desegregation, arguing that it was not bound by Supreme Court interpretations of the Constitution. The Governor and legislature claimed they could "interpose" state authority against federal judicial decrees. In Cooper v. Aaron, the Supreme Court ruled unanimously against Arkansas, affirming that the federal judiciary’s interpretation of the Constitution is the supreme law of the land and that all state officials are bound by their oaths to support it.

Identify the power of the Supreme Court common to both Marbury v. Madison and Cooper v. Aaron.

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