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Landmark Case

Marbury v Madison

Judicial Review and Separation of Powers

Marbury v Madison is an 1803 United States Supreme Court case that established the principle of judicial review, the power of federal courts to invalidate a legislative or executive act that conflicts with the Constitution. It arose from a dispute over judicial commissions signed in the final hours of President John Adams administration but left undelivered by the incoming administration. Chief Justice John Marshall opinion held that William Marbury had a right to his commission, but that the section of the Judiciary Act of 1789 purporting to give the Supreme Court original jurisdiction to issue the remedy he sought was itself unconstitutional, and therefore void, an outcome that established the Court own power of review while denying the specific relief sought.

Facts
Decision Year
1803 1
Decision Date
1803-02-24 1
Holding
Section 13 of the Judiciary Act of 1789, which purported to let the Supreme Court issue the writ of mandamus Marbury sought, was unconstitutional because Article III of the Constitution does not permit Congress to expand the Court's original jurisdiction. In reaching that result the Court established that it may review acts of Congress and declare them void when they conflict with the Constitution. 1
Current Status
Controlling precedent since 1803; established judicial review and has not been overruled. 1
Case Status
Case Status (category)
Final / Not Overruled 1
Case Status (category)
Overruled (in whole or part) 1
Case Status (category)
Controlling Precedent 1
Connections

Authored By

John Marshall, Jurists
Source The Oyez Project

Decided By

Source Black's Law DictionaryBryan A. Garner, editor; founded by Henry Campbell Black

Established

Source Black's Law DictionaryBryan A. Garner, editor; founded by Henry Campbell Black

In Legal System

Source Major Legal Systems in the World TodayRene David and John E.C. Brierley
In the Other Atlases

Found In

Also in Geography Atlas: where this subject is found.

Sources
1. Marbury v. Madison (Wikipedia)
  • Decision section
    On February 24, 1803, the Supreme Court issued a unanimous 4-0 decision against Marbury.
  • Wikipedia infobox, decided date
    On February 24, 1803, the Supreme Court issued a unanimous 4-0 decision against Marbury.
  • Wikipedia lead section, judicial review sentence
    established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States
  • Wikipedia lead section, significance sentence
    Marbury is regarded as the single most important decision in American constitutional law
Black's Law Dictionary
Bryan A. Garner, editor; founded by Henry Campbell Black, Thomson Reuters, 2019
Wikidata: Marbury v Madison
Wikidata Q538242, class allow-list match (w-wdresolver-0926)View the Source
Major Legal Systems in the World Today
Rene David and John E.C. Brierley, Stevens and Sons, 1985In Legal System: Common Law
The Oyez Project
Authored By: John Marshall
Marbury v. Madison (Wikipedia)
In Group: Judicial Review and Basic Structure Cases, Introduction, sentences 1-3
Quote, In Group: Judicial Review and Basic Structure Cases, Introduction, sentences 1-3
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), is a landmark decision of the Supreme Court of the United States that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States.
View the Source
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