How did Marbury v. Madison establish the Supreme Court’s power of judicial review?
In Marbury v. Madison (1803), Chief Justice John Marshall established the doctrine of judicial review by declaring a portion of the Judiciary Act of 1789 unconstitutional.12
The case arose when William Marbury petitioned the Supreme Court for a writ of mandamus to secure his judicial commission. While Marshall held that Marbury had a legal right to the commission, he determined that the Court lacked the authority to issue the writ because the statute granting that power conflicted with Article III of the U.S. Constitution.1
By striking down the legislative provision, Marshall asserted that the Constitution is the supreme law of the land and that it is the duty of the judiciary to interpret it. This decision established the Supreme Court as the ultimate arbiter of constitutionality, ensuring the judiciary remained a coequal branch of government. This power allows the Court to declare acts of Congress, state laws, and executive actions null and void if they are inconsistent with the Constitution.1342