How did Marbury v. Madison establish the precendent of judicial review?

Marbury v. Madison is the Supreme Court case that confirmed that the federal courts have the authority to declare laws unconstitutional. It did not necessarily create or establish the power as much as it confirmed that it is inherent in the power of the judicial branch even though it is not specifically stated in the Constitution This was devised by Chief Justice John Marshall (former secretary of state to John Adams) when he declared parts of the Judiciary act of 1789 unconstitutional William Marbury had been elected as a judge by Adams in the Judiciary act of 1801, but he was not commissioned by Marshall in time.

When Jefferson became president (March, 4, 1801), his secretary of state, James Madison, did not deliver the commission under the new Democratic-Republican party. This pushed Marbury to turn to the Supreme court where he petitioned for a writ of mandamus (an order to force Madison to deliver his commission) Marshall's opinion was that Marbury deserved his commission, but knew Jefferson would not serve him even if it was mandated. Marshall did not want the Supreme Court to be weakened, and instead gave it strength by declaring parts of the Judiciary Act of 1789 unconstitutional - the part where the Supreme Court could issue a writ of mandamus Therefore, he allowed Jefferson to feel like a winner, but at the same time set a precedent for all future cases and established Judicial Review, the ability of the Supreme Court to declare a federal law of Congress as unconstitutional Case Citation: Marbury v.

Madison 5 US 137 (1803) For more in-depth information on Marbury v. Madison (1803), see Related Links, below.

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