Judicial Review is part of the US government's system of checks and balances. The Judicial branch uses this authority to nullify unconstitutional laws and Executive Orders that are part of a "case or controversy" being reviewed by the Court.
Case Citation:
Marbury v. Madison, 5 US 137 (1803)
For more information, see Related Links, below.
The precedence of declaring an act of Congress unconstitutional and subject to Judicial Review was set.
Marbury vs Madison was an ingenious decision. Marbury vs Madison was the first case of judicial review that voided the act of congress.
Marbury vs Madison established the principle of "judicial review."Judicial review says the Supreme Court can decide on whether laws passed by Congress and signed by the President are constitutional.
In Marbury v Madison, 5 US 137 (1803), William Marbury tried to get James Madison to deliver his commission. James Madison, who later became a US President, was Secretary of State under President Thomas Jefferson at the time.
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John Adams was President when Marbury and his co-plaintiffs were appointed as justices of the peace for Washington, DC. Thomas Jefferson became President a few days later, and was responsible for preventing the commissions from being delivered. The Marbury v. Madison, (1803) case took place entirely during Thomas Jefferson's presidency.For more information about Marbury v. Madison, see Related Questions, below.
Marbury v. Madison was a dispute in which the U.S. Supreme Court first found an act of Congress to be unconstitutional. This initiated the doctrine of judicial review. It is considered to be one of the foundations of U.S. constitutional law.
Marbury v. Madison (1803)
Congress had no way to retaliate.
Chief Justice John Marshall formally claimed the power of judicial review, the ability of the courts to review and declare laws relevant to cases before the court unconstitutional, in Marbury v. Madison, (1803).
Marbury vs Madison
marbury vs. Madison