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Marbury vs Madison was an ingenious decision. Marbury vs Madison was the first case of judicial review that voided the act of congress.
supreme court can declare a law unconstitutional
The concept of judicial review came from the case decision in Marbury v. Madison in 1803. This decision was written by Chief Justice John Marshall.
The concept of judicial review came from the case decision in Marbury v. Madison in 1803. This decision was written by Chief Justice John Marshall.
It gave the Supreme Court powers not given by the Constitution.
It gave the Supreme Court powers not granted by the Constitution
No. Most people credit the decision in the case Marbury v Madison, 5 US 137 (1803) with establishing the principle of judicial review. James Madison was the respondent (like a defendant) in that case; Chief Justice John Marshall wrote the opinion.
Cushing and Moore took no part in the consideration or decision of the case. ... The case resulted from a petition to the Supreme Court by William Marbury, who ... the Supreme Court to force the new Secretary of State James Madison to deliver.
James Madison, Secretary of State under President Jefferson, was only the nominal (named) defendant in the case because he inherited the office responsible for delivering the signed commissions. Madison had not yet arrived in Washington when the events occurred, so he would have had no testimony to offer. Levi Lincoln, the US Attorney General, temporarily performed Madison's duties and did testify before the Court.
The Court through Chief Justice Marshall unanimously decided not to require Madison to deliver the commission to Marbury.
The Marbury v Madison (1803) decision concerned Article III of the Constitution, especially the section which states that "the judicial power shall extend to all cases . . . arising under the Constitution." The decision of Marbury v Madison resolved any doubt about that clause. The power of Judicial Review, the right to rule on the actions and acts of the federal government, rested with the federal courts. This decision gave the Supreme Court the power to declare laws unconstitutional.Case Citation:Marbury v. Madison, 5 US 137 (1803)
Marshall used the case of Marbury v. Madison to establish the principle of judicial review, the authority of the Supreme Court to strike down unconstitutional laws. Today, judicial review remains one of the most important powers of the Supreme Court.