What did marbury vs Madison establish?

Answer 1

Marbury v. Madison, (1803) "established" the doctrine of judicial review.

Marbury is considered the iconic case that affirmed the power of judicial review because it is the first instance in which the Court overturned (part of) an Act of Congress (Section 13 of the Judiciary Act of 1789), and clearly explicated the reasoning in the Court's opinion.

Explanation

It validated Article III of the US Constitution, which granted the Supreme Court the highest level of judicial power in the United States, and delineated which types of cases were properly part of the Court's appellate jurisdiction, and which part of its original jurisdiction.

Marshall's interpretation of Article III was that, as an independent branch of the tripartite federal government, part of the Court's responsibility was judicial review, which allows the Supreme Court to analyze legislation and nullify any laws they determine to be unconstitutional.

In the case of Marbury v. Madison, (1803), the Marshall Court declared Section 13 of the Judiciary Act of 1789 unconstitutional because Congress had overreached their authority by attempting to make the Court responsible for all writs of mandamus. Marshall determined Marbury fell under its appellate jurisdiction, and that the case should be heard in the lower courts.

The doctrine of judicial review enabled the Court to check power of the Legislative and Executive branches by preventing them from imposing legislation that violated citizens' constitutional rights.

Article III

"Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

"Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

"In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

"The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

"Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

"The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted"

Case Citation:

Marbury v. Madison, 5 US 137 (1803)

For more in-depth information on Marbury v. Madison (1803), see Related Links, below.

Answer 2

It outlined the basis for judicial review in the United States.