The most important result of Marbury v. Madison, (1803), is that it affirmed the Supreme Court's right of judicial review and set a precedent for future cases. Judicial review is the power of the Court to evaluate challenged legislation to determine its constitutionality, and to nullify any laws they find unconstitutional.
In Marbury, the Supreme Court determined Section 13 of the Judiciary Act of 1789 was unconstitutional because Congress had overreached their authority by granting the Court the right to issue all writs of mandamus, which contradicted the language of Article III of the Constitution.
Case Citation:
Marbury v. Madison, 5 US 137 (1803)
For more information, see Related Questions, below.
The Supreme Court's ability to analyze laws in terms of their constitutionality is called "judicial review." If the Court decides a law is unconstitutional, the law will be nullified.
While this powerful check on the legislature is not explicitly spelled out in the Constitution, Article III, Section 2 does specifically delegate to the Supreme Court:
"The judicial power shall extend to all cases in law and equity, arising under this Constitution..."
Article VI says:
It is reasonable to consider that the only branch of the government qualified to ensure laws adhere to the Constitution (which is the meaning of "...and the laws of the United States which shall be made in pursuance thereof...") would be the Judicial branch, as outlined in Article III, Section 2.
The Supreme Court set precedent for this interpretation in their ruling in the case of Marbury v. Madison, (1803), when the Justices concluded Section 13 of the Judicial Act of 1789 was unconstitutional because it conferred upon the Supreme Court powers not explicitly provided as part of the Court's original jurisdiction (this is arguable, considering Madison, as Secretary of State, could be considered a "consul").
For more information on Marbury v. Madison, see Related Questions, below.
In Marbury v. Madison, the Supreme Court formed the basis for judicial review of acts of Congress. The Supreme Court asserted its power in declaring laws unconstitutional.
After Thomas Jefferson won the 1800 election, President John Adams quickly filled the judiciary with Federalists who would serve for life to prevent Jefferson's party, the Republicans, from gaining additional power. Jefferson's party repealed the Judiciary Act of 1800, which allowed many new Federalist judgeships to form.
President Adams had not managed to fill up all the judgeships when he left office, so Jefferson did not honor the rest of the midnight appointments made by Adams. William Marbury sued James Madison, Secretary of State, and asked the Supreme Court to allow him to become Justice of Peace.
The Supreme Court did not side with Marbury, but at the same time, by denying Marbury's request, it established the Court's power to declare Congress's acts unconstitutional. The Supreme Court now had the authority to interpret the Constitution.
The most important result of Marbury v. Madison, 5 US 137 (1803), is that it affirmed the Supreme Court's right of judicial review and set a precedent for future cases. Judicial review is the power of the Court to evaluate Acts of Congress (laws) and the President (Executive Orders) relevant to cases before the Court to determine their constitutionality, and to nullify any they find unconstitutional.
In Marbury, the Supreme Court determined Section 13 of the Judiciary Act of 1789 was unconstitutional because Congress had overreached their authority by granting the Court the right to issue all writs of mandamus, which contradicted the language of Article III of the Constitution.
The judicial power to decide whether a law is constitutional.
Marbury vs. Madison
Marbury v. Madison
Judicial review
Marbury v. Madison Hello Stupid are you Retarted
Judicial review
The judicial power to decide whether a law is constitutional.
Marbury vs. Madison
John Marshall, the fourth Chief Justice of the United States, is often considered the principal founder of constitutional law in America. His decisions in cases such as Marbury v. Madison and McCulloch v. Maryland helped establish the principles of judicial review and federal supremacy.
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.
Establish Judicial Review.
Judicial review
Marbury v. Madison
Judicial Review
Marbury v. Madison produced the idea of judicial review, which means the courts can interpret how the laws are used in court
John Marshall established the principle of judicial review in Marbury v. Madison.
Marbury vs. Madison was the first time that the supreme court ruled that a federal law was unconstitutional. so the problem was in the court trying to establish their constitutional right to review congressional law and overturn a law they found to be unconstitutional. This was the first time that we found the supreme court asserting their constitutional right to review congressional acts.Case Citation:Marbury v. Madison, 5 US 137 (1803)