In one paragraph, compare Boerne v. Flores to Marbury v. Madison.Which power was used by the Supreme Court in each case? How were the Supreme Court’s rulings similar in each case?

Answer:

Both Boerne v. Flores and Marbury v. Madison used the Supreme Court’s power of judicial review. In Marbury, the Court declared part of the Judiciary Act of 1789 unconstitutional, establishing that the Court could invalidate laws that conflict with the Constitution. In Boerne, the Court ruled that the Religious Freedom Restoration Act exceeded Congress’s power under the Fourteenth Amendment and was unconstitutional as applied to the states. Thus, both decisions asserted the Constitution’s supremacy and struck down congressional action that exceeded constitutional limits.