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根據材料并結合所學知識回答問題 。(15分)

材料一 在美國憲法的制定過程中,一些政治家認為,“人民”和“人民的代表”(國會)是不同的;“人民”高于“人民的代表”;“由人民制定、政府不能更改的”憲法高于“由政府制定、政府能夠更改的”普通法律;國會的立法如果違憲,“自然不能使之生效”。根據這些理論,最高法院有權審查國會立法和總統行政命令是否符合憲法。但是,1787年美國憲法沒有相關規定,即未建立起司法審查制度。在初期美國政府中,既無財權、軍權又無民意基礎的最高法院的地位明顯低于總統和國會。

——摘編自(美)漢密爾頓等《聯邦黨人文集》

材料二 1803年,最高法院對“馬伯里訴麥迪遜案”做出判決:法院不能行使憲法沒有授予的權力,國會通過的立法如果違背憲法則無效。該判例確立了最高法院有權審查國會立法或總統行政命令是否違憲的司法審查制度,從而使最高法院足以與國會或總統相制衡。

——摘編自(美)伯納德 施瓦茨《美國法律史》

(1)根據材料一并結合所學知識,概括美國創立司法審查制度的理論基礎。(7分)

(2)根據材料一、二并結合所學知識,說明“馬伯里訴麥迪遜案”對于美國民主制度的影響。(8分)

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