What was the case that established the supreme court power to declare a federal law unconstitutional?

Answer 1

The decision in Marbury v. Madison, 5 US 137 (1803) is often credited with establishing the US Supreme Court's right to declare laws unconstitutional. This is called the doctrine of "judicial review," which is the power of courts to evaluate laws relevant to a case under review and declare them unconstitutional. If the Court finds a law unconstitutional, it is nullified and can't be enforced.

Further Information:

Most people believe the 1803 case of Marbury v. Madisonwas the first instance of judicial review, but this is not true. This case was the first that determined an act of Congress (Section 13 of the Judiciary Act of 1789) was unconstitutional, and set a precedent that increased the power of the Judicial branch. Judicial review is actually an old English common law doctrine that US courts put into practice early in the nation's history.

The first recorded instance of the Supreme Court exercising judicial review occurred in the 1796 case of Hylton v. United States, 3 U.S. 171 (1796). In this case, the court determined a carriage tax did not violate Article I, Section 9 of the Constitution because it was not a direct tax on the population.

Because the Court overturned the lower court decision and affirmed the constitutionality of the the carriage tax, Hylton v. United States is not typically cited as an example of judicial review.

The confusion arises from the doctrine of "judicial review" being closely associated with a ruling declaring a law unconstitutional.

Answer 2

Judicial Review

The Court doesn't review federal legislation unless and until the law is challenged in the judicial system and reaches the appellate level.

A party has standing to challenge a law if he or she has experienced unfair and legitimately damaging negative consequences as a direct result of the law that interfered with or deprived him or her of one or more constitutional rights. The suit must first be tried in the appropriate court of original jurisdiction (for example, US District Court). The party that loses at the trial level may then appeal through the proper channels (for example, the US Court of Appeals for the [appropriate] Circuit). Then the party that loses at the Circuit Court level may file a petition for a writ of certiorari with the US Supreme Court.

Optionally, the Supreme Court may exercise its jurisdictional discretion to take a case on appeal directly from District Court (bypassing the US Court of Appeals Circuit courts), but they would have to believe there was a compelling reason to do so.

In order to be considered, the case must demonstrate a clear violation of the Constitution that is detrimental to the nation, its institutions, or populace. Issues with a broad impact are more likely to be reviewed than those with a narrower impact.

If the Supreme Court finds the case worthy of review, they grant certiorari, receive the files from the lower courts, and place the case on their docket.

The doctrine allowing the Supreme Court to evaluate legislation for constitutionality is called "judicial review." If the Supreme Court determines a law violates the constitution, the law is nullified, and any convictions or decisions made exclusively as a direct result of that law could be reversed.

Answer 3

Fourth Chief Justice John Marshal wrote the opinion of Marbury v. Madison, (1803), the case most often cited as affirming the US Supreme Court's right of judicial review. Marbury was not the first time the Court used judicial review to evaluate legislation; however, it is the first time an Act of Congress was declared unconstitutional, and the opinion that best explicates this power of the judiciary.

For more information, see Related Questions, below.

Answer 4

None. Judicial Review is an implied power not explicitly stated in the US Constitution, but derived from the Supreme Court's role as head of the Judicial branch of government and the final arbiter of the constitutional interpretation.

Marbury v. Madison, (1803) is often cited as the first instance of judicial review, but it is actually only the first time the Court declared an act of Congress unconstitutional and clearly explicated the doctrine of judicial review.

For more information, see Related Questions, below.

Answer 5

Marbury v. Madison was the first case. Justice Marshall stated in his opinion that the Court had the power to review actions taken by the Executive and Legislative branches. The power is derived from the Constitution but Justice Marshall asserted that power starting in this case.

Answer 6

The power of judicial review allows the US Supreme Court to declare laws, policies, executive orders and US treaties that are relevant to cases before the Court unconstitutional and nullify them if they violate the principles of the US Constitution.

Answer 7

Judicial review is an unconstitutional and illegal usurpation of power establishing SCOTUS as the dominant branch of the Federal government directly violating the Founder's principle of a Federal government composed of three COEQUAL branches consisting of the legislative, the executive, and the judicial. They did not intend for one branch to be superior to the other two - P-E-R-I-O-D!

An often made falsehood is that governments, derivatives thereof, and agents thereof have RIGHTS. That is a deliberate lie. Governments have only specific DELEGATED powers, not rights. Governments, derivatives thereof, and agents thereof do not have rights. Rights, as recognized in the U.S. Constitution are reserved for human beings. Human beings have rights that are superior to and precede any constitution.

Judicial review is not addressed in the Constitution. It isn't even implied. The CONSTITUTION confers no power to interpret the Constitution on the Supreme Court. SCOTUS is an appellate court having jurisdiction to hear appeals and review a lower court's decisions and nothing more. John Marshall was lying through his Federalist teeth in the Marbury v. Madison(1803) opinion usurping judicial review as a function of the Supreme Court. He knew that and still ruled that way in direct violation of the balance of powers to create a SCOTUS superior to the executive and legislative branches thus defying the Founder's separation of powers principle they so carefully built into the Constitution.

John Adams appointed John Marshall to SCOTUS. He knew Marshall was a Federalist and that Marshall would defy the Constitution and expand the unconstitutional powers of the Federal government legitimizing them through SCOTUS opinions, decisions, and rulings.

Any opinion made by SCOTUS under judicial review is unconstitutinal and is therefore not enforceable and it is as though it never existed. All SCOTUS rulings dating back to 1803 must be examined to determine the constitutionalty of the ruling/opinion/decision.

Answer 8

Marbury v. Madison, 5 US 137 (1803)

Answer 9

The case of Marbury v. Madison established the power of federal courts to void acts of Congress that conflict with the US Constitution.