How did Marbury v. Madison increase the power of the US Supreme Court?

Marbury v. Madison 5 US 137 (1803) Marshall's interpretation of Article III was that, as an independent branch of the tripartite federal government, part of the Court's responsibility was judicial review, which allows the Supreme Court to analyze legislation and nullify any laws they determine to be unconstitutional In the case of Marbury v. Madison (1803), the Marshall Court declared Section 13 of the Judiciary Act of 1789 unconstitutional because Congress had overreached their authority by attempting to make the Court responsible for all writs of mandamus.

Marshall determined Marbury fell under its appellate jurisdiction, and that the case should be heard in the lower courts Judicial review enabled the Court to check power of the Legislative and Executive branches by preventing them from imposing legislation that violated citizens' constitutional rights Prior to Marbury the Supreme Court had failed to challenge Congress, and thus was the weakest branch of the government Answer Marbury v. Madison is probably the most important case as far as defining the powers of the judicial branch. This is the case where the Supreme Court created the concept of "judicial review".

This means that in a proper lawsuit which alleges that a particular law or Presidential action conflicts with the provisions of the Constitution, the Supreme Court has the power to review that law or action and declare it to be unconstitutional and of no force and effect. Thus, the judiciary can nullify a law if it finds it unconstitutional At that time, some people felt that the Supreme Court had no power to nullify an action by Congress or the President. Not one word of the Constitution specifically gives the Judiciary this power.

Many felt this would make the judicial branch more powerful than the other branches Nevertheless, it has always been the function of the judiciary to interpret laws and decide if one conflicted with another. Deciding whether laws conflict with the Constitution is no different. This power of judicial review is a check that the judicial branch has on the other branches, even though the Constitution did not give it to the judicial branch in so many words The later case of Fletcher v.

Peck confirmed that judicial review extended to state laws as well For more information, see Related Questions, below.

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