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Judicial review

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Halie Lockman

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2y ago
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13y ago

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.

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14y ago

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:

"...This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land."


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.

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13y ago

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.

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13y ago

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.

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9y ago

Judicial review is the principle that was affirmed during the case of Marbury vs. Madison. The case was decided in 1803.

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9y ago

It established judicial review.

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6y ago

judicial review

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Q: What constitutional principle did the supreme court ruling on the Marbury versus Madison establish?
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Related questions

Which constitutional principle was established with Marbury V. Madison 1803?

Judicial review


What constitutional provision or court case established the principle of judicial review?

Marbury vs. Madison


What did the court case marbury v. Madison establish?

The judicial power to decide whether a law is constitutional.


What was the decision of the Supreme Court in Marbury vs. Madison?

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.


What did marbury v. Madison do?

Establish Judicial Review.


What constitutional principle did the supreme court ruling on marbury v. Madison established?

Judicial review


Which supreme decision said that the supreme court had the right to rule on whether laws are constitutional?

Marbury v. Madison


What court case set up the concept of judicial review?

John Marshall established the principle of judicial review in Marbury v. Madison.


What principle resulted from the ruling in the Marbury v. Madison?

Marbury v. Madison produced the idea of judicial review, which means the courts can interpret how the laws are used in court


What did the supreme courts decision in Marbury v. Madison establish?

Judicial Review


What was the primary dilemma 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)


What chief justice marshall decision in the case of marbury v. Madison?

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.