What Supreme Court case first confirmed the concept of judicial review?

Answer 1

Chief Justice John Marshall first clearly affirmed this right in Marbury v. Madison, 5 US 137 (1803), when the Court declared Section 13 of the Judiciary Act of 1789 unconstitutional because it extended to the Supreme Court original jurisdiction over all writs of mandamus, which Marshall asserted wasn't one of the enumerated forms of original jurisdiction specified by the Constitution.

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.

Most people believe the 1803 case of Marbury v. Madison,5 US 137 (1803) was the first instance of judicial review, but this is not true. The first exercise of 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.

Case Citation:

Marbury v. Madison, 5 US (Cranch 1) 137 (1803)

For more information, see Related Questions, below.

Answer 2

Gibson v Ogden

Answer 3

Madison vs Marbury