根據(jù)材料并結(jié)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(jù)這些理論，最高法院有權(quán)審查國會立法和總統(tǒng)行政命令是否符合憲法。但是，1787年美國憲法沒有相關(guān)規(guī)定，即未建立起司法審查制度。在初期美國政府中，既無財權(quán)、軍權(quán)又無民意基礎(chǔ)的最高法院的地位明顯低于總統(tǒng)和國會。

——摘編自（美）漢密爾頓等《聯(lián)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(quán)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(quán)審查國會立法或總統(tǒng)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(tǒng)相制衡。

——摘編自（美）伯納德 施瓦茨《美國法律史》

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

（2）根據(jù)材料一、二并結(jié)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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