He helped declare the Judiciary Act of 1789 unconstitutional.
Judicial review, established in 1803 by John Marshall in the case Marbury vs. Madison
Judicial review, established in 1803 by John Marshall in the case Marbury vs. Madison
Roger John Garland has written: 'Restrictions upon the availability of judicial review of administrative acts and decisions'
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.
A judicial review allows the Supreme Court to annul any acts of the state that is deemed to be unconstitutional. This decision was made during the Marbury v. Madison case which stated that they have the right to review the acts of Congress to determine its constitutionality.
The Judicial branch declares acts or actions to be unconstitutional.
Alien and Sedition acts
Alien and Sedition acts
Judicial restraint. The opposite of judicial restraint is judicial activism.For more information about the controversy over judicial activism and judicial restraint, see Related Questions, below.
The Judicial Branch uses judicial review to evaluate Acts of Congress and Presidential Executive Orders to determine if they adhere to constitutional principles. This power is not unlimited. No court can consider the constitutionality of a law unless the law is a relevant part of a "case or controversy" before the court. If the US Supreme Court determines a law is unconstitutional, it becomes nullified and unenforceable.Chief Justice John Marshall clearly affirmed the Court's right of judicial review in the case Marbury v. Madison, (1803), when the Court declared Section 13 of the Judicial Act of 1789 unconstitutional.
That power is the power of judicial review.
the judicial branch