
The Marbury v. Madison case of 1803 is a landmark decision by the United States Supreme Court that established the principle of judicial review. This case arose when William Marbury petitioned the Supreme Court to compel Secretary of State James Madison to deliver his commission as a justice of the peace. The Supreme Court, led by Chief Justice John Marshall, ruled that while Marbury had a right to his commission, the Court did not have the authority to issue a writ of mandamus—an order that would require Madison to act—because the relevant section of the Judiciary Act of 1789 was unconstitutional. This was significant because it was the first time the Supreme Court struck down a law for conflicting with the Constitution, establishing the precedent that the judiciary could review and invalidate governmental actions.
| Characteristics | Values |
|---|---|
| Established the principle of | Judicial review |
| Established the right of the courts | To determine the constitutionality of the actions of the other two branches of government |
| Established the power of the Supreme Court | To limit Congressional power by declaring legislation unconstitutional |
| Established the power of the Supreme Court | To issue writs of mandamus to public officers |
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What You'll Learn

The power of judicial review
The case of Marbury v. Madison in 1803 established the principle of judicial review, which is the power of the Supreme Court to limit Congressional power by declaring legislation unconstitutional. This case arose when William Marbury petitioned the Supreme Court to compel Secretary of State James Madison to deliver his commission as a justice of the peace. Marbury's commission had not been finalized, and when Thomas Jefferson took office, he instructed Madison not to deliver the commission.
The Supreme Court, led by Chief Justice John Marshall, ruled that while Marbury had a right to his commission, the Court did not have the authority to issue a writ of mandamus—an order that would require Madison to act—because the relevant section of the Judiciary Act of 1789 was unconstitutional. This was significant because it was the first time the Supreme Court struck down a law for conflicting with the Constitution, establishing the precedent that the judiciary could review and invalidate governmental actions.
The exercise of judicial review helped to ensure that the judiciary remained a coequal branch of government alongside the legislative and executive branches. It completed the triangular structure of checks and balances by establishing the principle that the federal courts could declare legislation, as well as executive and administrative actions, inconsistent with the U.S. Constitution and therefore null and void.
As Marbury's doctrine of judicial review became settled law in federal court, state courts also embraced the doctrine, with state court judicial review under state constitutions established in all states by 1850. The decision in Marbury v. Madison has never been disturbed, and it is considered one of the foundations of U.S. constitutional law.
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The Supreme Court's ability to limit Congressional power
The Marbury v. Madison case of 1803 is a landmark decision by the United States Supreme Court. It established the principle of judicial review, which gave the Supreme Court the ability to limit Congressional power by declaring legislation unconstitutional.
The case arose when William Marbury petitioned the Supreme Court to compel Secretary of State James Madison to deliver his commission as a justice of the peace. Marbury's commission had not been finalized, and when Thomas Jefferson took office, he instructed Madison not to deliver the commission.
The Supreme Court, led by Chief Justice John Marshall, ruled that while Marbury had a right to his commission, the Court did not have the authority to issue a writ of mandamus. This was an order that would have required Madison to act, but the relevant section of the Judiciary Act of 1789 was deemed unconstitutional. This was significant because it was the first time the Supreme Court struck down a law for conflicting with the Constitution.
The establishment of judicial review meant that the judiciary could review and invalidate governmental actions, including legislation, executive, and administrative actions, deemed inconsistent with the U.S. Constitution. This power allowed the federal judiciary to check the actions of Congress and the President, ensuring that the judiciary remained a coequal branch of government alongside the legislative and executive branches.
The decision in Marbury v. Madison has never been disturbed, and it is considered one of the foundations of U.S. constitutional law. It completed the system of checks and balances, ensuring that the U.S. government had safeguards against the abuse of power.
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The Supreme Court's primary role in constitutional interpretation
The US Supreme Court is the highest court in the country and plays a crucial role in interpreting the US Constitution. The Court's interpretations of constitutional amendments, especially those in the Bill of Rights, shape the legal landscape regarding individual rights against government actions. The Supreme Court's primary role in constitutional interpretation is established by Article III of the Constitution, which outlines the judicial branch and ensures justices are insulated from political pressure through protected tenure and salary provisions. Justices are appointed by the president and confirmed by the Senate, serving "during good behaviour", which can effectively mean for life.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It also has appellate jurisdiction over almost any other case involving a point of constitutional and/or federal law. When interpreting the Constitution, the Court establishes legal rules for the entire nation to follow. This power of judicial review allows the Court to declare a Legislative or Executive act in violation of the Constitution and ensures that each branch of government recognises the limits of its power.
The Court's role in constitutional interpretation was further solidified in the case of Marbury v. Madison in 1803, which established the principle of judicial review and the right of the courts to determine the constitutionality of the actions of the other two branches of government. This case completed the system of checks and balances by establishing the Supreme Court's authority to invalidate federal and state laws that are contrary to the Constitution.
Over time, the Supreme Court has evolved in its approach to constitutional interpretation, influenced by societal changes and differing judicial philosophies. The passage of the Fourteenth Amendment in 1869 also expanded the Court's role, as it began ruling that most provisions of the Bill of Rights were applicable to the states as well as the federal government.
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The judiciary as a coequal branch of government
The case of Marbury v. Madison in 1803 established the principle of judicial review, which gave the judiciary the power to review and invalidate governmental actions. This power of judicial review ensured that the judiciary remained a coequal branch of government alongside the legislative and executive branches.
Before delving into how Marbury v. Madison contributed to the judiciary's role as a coequal branch of government, it is essential to understand the context of the case. The case arose when William Marbury petitioned the Supreme Court to compel Secretary of State James Madison to deliver his commission as a justice of the peace. Marbury's commission had been formalized during the final days of the preceding administration but was not delivered before the inauguration of Thomas Jefferson, who instructed Madison not to deliver it.
In the landmark decision of Marbury v. Madison, the Supreme Court, led by Chief Justice John Marshall, ruled that while Marbury had a right to his commission, the Court lacked the authority to issue a writ of mandamus—an order for Madison to act. The Court found that the relevant section of the Judiciary Act of 1789 was unconstitutional, as it expanded the Court's original jurisdiction beyond what was constitutionally permitted.
This ruling established the precedent that the judiciary could review and invalidate governmental actions, including legislation and executive actions, deemed inconsistent with the U.S. Constitution. This power of judicial review, also known as the doctrine of judicial review, became a fundamental aspect of U.S. constitutional law. It allowed the federal courts to declare laws or actions by Congress or the President unconstitutional and null and void.
The establishment of judicial review played a crucial role in strengthening the federal judiciary and ensuring its coequal status with the legislative and executive branches. By exercising judicial review, the judiciary could check the actions of the other two branches, preventing the abuse of power and ensuring compliance with constitutional principles. This system of checks and balances completed the triangular structure of the U.S. government, where each branch holds equal weight and serves as a safeguard against the excesses of the others.
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The Supreme Court's right to determine the constitutionality of other branches
The Marbury v. Madison case of 1803 is a landmark decision by the United States Supreme Court. It established the principle of judicial review, which gave the Supreme Court and lower federal courts the power to review the constitutionality of legislative and executive actions. This power of judicial review ensured that the judiciary remained a coequal branch of government, alongside the legislative and executive branches.
The case arose when William Marbury petitioned the Supreme Court to compel Secretary of State James Madison to deliver his commission as a justice of the peace. Marbury's commission had not been finalized, and when Thomas Jefferson took office, he instructed Madison not to deliver it. The Supreme Court, led by Chief Justice John Marshall, ruled that while Marbury had a right to his commission, the Court did not have the authority to issue a writ of mandamus—an order that would have required Madison to act. The Court found that the relevant section of the Judiciary Act of 1789 was unconstitutional, as it expanded the Court's original jurisdiction beyond its constitutional limits.
Chief Justice Marshall's opinion in Marbury v. Madison is considered one of the foundations of US constitutional law. He established certain fundamental principles, including the recognition that the people have the original right to establish a government based on principles that conduce to their happiness. Marshall also discussed the Supremacy Clause, which gives the Constitution precedence over laws and treaties, and the role of judicial review in upholding this clause.
The decision in Marbury v. Madison has had a significant impact on the power of the judicial branch within the US federal government. It established the Supreme Court's primary role in constitutional interpretation and its ability to limit Congressional power by declaring legislation unconstitutional. This power of judicial review was later embraced by state courts, which established judicial review under state constitutions in all states by 1850. The decision in Marbury v. Madison has never been disturbed, and the role of the Supreme Court to invalidate federal and state laws that are contrary to the Constitution has never been seriously challenged.
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Frequently asked questions
The case of Marbury v Madison established the principle of judicial review.
Judicial review is the power of the Supreme Court and lower federal courts to declare legislation, executive and administrative actions inconsistent with the US Constitution and therefore null and void.
Marbury v Madison is considered one of the foundations of US constitutional law. It established the power of judicial review for the US, helping to ensure that the judiciary remained a coequal branch of government alongside the legislative and executive branches.
The US Supreme Court ruled that while Marbury had a right to his commission, the Court did not have the authority to issue a writ of mandamus because the relevant section of the Judiciary Act of 1789 was unconstitutional.
Marbury v Madison arose after the administration of US President Thomas Jefferson withheld from William Marbury a judgeship commission that had been formalized in the last days of the preceding John Adams administration.
























