Kara Sears
The power of judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the US Constitution. Instead, the Supreme Court established this doctrine in the landmark case of Marbury v. Madison in 1803. The case arose from a dispute over a government commission and, in his opinion, Chief Justice Marshall stated that It is emphatically the province and duty of the Judicial Department to say what the law is. The Supreme Court further established its authority to strike down state laws found to be in violation of the Constitution after the passage of the Fourteenth Amendment in 1869.
| Characteristics | Values |
|---|---|
| Case law that established judicial review | Marbury v. Madison (1803) |
| Dr. Bonham's Case | |
| Martin v. Hunter's Lessee (1816) | |
| Cohens v. Virginia (1821) | |
| Power of the Supreme Court | Declare government actions unconstitutional |
| Review acts of Congress | |
| Determine whether a law is unconstitutional | |
| Declare Section 13 of the Judiciary Act of 1789 unconstitutional | |
| Rule that most provisions of the Bill of Rights are applicable to the states | |
| Say what the law is | |
| Decide on the operation of conflicting laws | |
| Determine which conflicting rule governs a case | |
| Limit its own power | |
| Review decisions of state courts that involve federal law |
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What You'll Learn
The US Constitution does not expressly grant federal courts the power to declare government actions unconstitutional
The Supreme Court ruled that while Marbury had a right to his job, issuing the writ did not fall under their jurisdiction. Importantly, they asserted their power to review acts of Congress and determine their constitutionality. By declaring Section 13 of the Judiciary Act of 1789 unconstitutional, the Court established the doctrine of Judicial Review. Chief Justice Marshall's opinion emphasised the role of the judiciary in interpreting the law and ensuring that the Constitution, as the supreme law of the land, takes precedence over conflicting laws.
Article III of the US Constitution outlines the powers and duties of the judicial branch, but it does not explicitly mention Judicial Review or the power to review actions of the other branches. Instead, the Supreme Court's authority to strike down laws or actions that contradict the Constitution has been interpreted as an implied power. This interpretation has been reinforced by subsequent cases, such as Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821), which affirmed the Court's jurisdiction over cases arising under the Constitution and federal law, including those filed in state courts.
While the Constitution does not expressly grant the power of Judicial Review, it is important to note that the Founding Fathers intended for the federal judiciary to have a check on the legislative branch. During the Constitutional Convention, delegates expressed their belief that federal judges would have the authority to review the constitutionality of laws. For example, James Madison stated that a law violating the Constitution would be considered null and void by judges. Additionally, George Mason remarked that judges "could declare an unconstitutional law void." These statements indicate an understanding that the federal courts would have a role in interpreting and upholding the Constitution, even if the specific term "judicial review" was not used.
In conclusion, while the US Constitution does not explicitly grant federal courts the power to declare government actions unconstitutional, the doctrine of Judicial Review was established through case law and has become a fundamental aspect of the US constitutional system. The Supreme Court's interpretation of its own authority in Marbury v. Madison, along with subsequent cases, solidified its role in ensuring that all branches of government operate within the limits set by the Constitution.
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The US Supreme Court's power to review acts of Congress
In Marbury v. Madison, William Marbury petitioned the US Supreme Court directly due to a provision in Section 13 of the Judiciary Act of 1789. The Justices agreed that Marbury had a right to his job, but they also ruled that issuing a writ of mandamus to enforce that right was not within their jurisdiction as outlined in the Constitution. In doing so, the Supreme Court asserted its power and authority to review acts of Congress and determine their constitutionality. By declaring Section 13 of the Judiciary Act of 1789 unconstitutional, the Court established the principle of judicial review.
Chief Justice Marshall, in Marbury v. Madison, articulated the role of the judiciary in resolving conflicts between laws and upholding the Constitution:
> "It is emphatically the province and duty of the Judicial Department to say what the law is…If two laws conflict with each other, the Courts must decide on the operation of each. So, if a law be in opposition to the Constitution… the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty."
The power of judicial review has been deemed an implied power, derived from Article III and Article VI of the Constitution, which establish the federal judiciary and outline its powers. The Supreme Court's role in interpreting the Constitution and ensuring that each branch of government recognises its limits is essential to the country's constitutional system of government.
The Supreme Court has further asserted its authority in subsequent cases, including Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821), where it confirmed its jurisdiction to review decisions of state courts involving federal law. The Court has also ruled on the applicability of Constitutional rights and protections to the states following the passage of the Fourteenth Amendment in 1869.
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The US Supreme Court's role as the court of last resort
The US Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. The Supreme Court's rulings cannot be appealed. It is the final interpreter of the US Constitution and federal law. The Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers.
The Supreme Court also has appellate jurisdiction over almost any case involving a point of constitutional and/or federal law. This includes cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). When exercising its appellate jurisdiction, the Court has the discretion to decide whether or not to hear a case. The Certiorari Act of 1925 gives the Court this discretion.
The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year. The Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution. The Supreme Court established this doctrine in the 1803 case of Marbury v. Madison. In this case, the Court decided that the Constitution, not an Act of Congress, was the supreme law of the land.
The Supreme Court plays a critical role in the US constitutional system of government. In addition to being the court of last resort, it ensures that each branch of the government recognizes the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution. The Supreme Court sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
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The US Supreme Court's appellate jurisdiction
> "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. The Supreme Court's appellate jurisdiction allows it to hear cases on appeal that involve a point of constitutional and/or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases involving ships on the high seas or navigable waterways.
The Supreme Court's power of judicial review, the ability to declare a Legislative or Executive act in violation of the Constitution, was established in the landmark case of Marbury v. Madison in 1803. In this case, the Court asserted its authority to review acts of Congress and determine their constitutionality. The Court held that the Constitution is the supreme law of the land and that no law or government action can contradict it.
The Supreme Court's appellate jurisdiction was further clarified in subsequent cases such as Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821). These cases established that the Supreme Court has the authority to review decisions of state courts that involve federal law and that the provisions of the Bill of Rights apply to the states as well as the federal government.
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Marbury v. Madison, 1803
Marbury v. Madison (1803) is a landmark case in United States history, which established the principle of judicial review. The case was brought by William Marbury, a Maryland businessman and supporter of the Federalists, who sued James Madison, the Secretary of State, for refusing to deliver his commission as a justice of the peace.
In 1801, Marbury was appointed to the position by outgoing President John Adams, but the new Secretary of State, James Madison, refused to deliver the commission, following instructions from President Thomas Jefferson, who believed the appointment was void as the commission had not been delivered before Adams left office. Marbury sued Madison in the Supreme Court, seeking a writ of mandamus, which would force Madison to deliver the commission.
The case was heard by the Supreme Court in February 1803, with Chief Justice John Marshall delivering the opinion of a unanimous court. Marshall structured his opinion around three questions: firstly, did Marbury have a right to his commission? Secondly, if so, was there a legal remedy for him to obtain it? And thirdly, could the Supreme Court issue a writ of mandamus in this case? Marshall answered “yes" to the first two questions, establishing that Marbury had a right to his commission and that he was entitled to a legal remedy. On the third question, the Court concluded that it could not issue a writ of mandamus to Madison, as the Judiciary Act of 1789, which gave the Court the power to issue such writs, was found to be unconstitutional.
This case established the important principle of judicial review, which holds that courts have the power to determine the constitutionality of the actions of the other branches of government and strike down legislation that violates the Constitution. This added a crucial check on the power of the other two branches of government, ensuring that the judiciary could interpret the Constitution and prevent laws that conflict with it from being enacted. The decision in Marbury v. Madison is considered one of the foundations of US constitutional law and a significant moment in the development of the country's system of checks and balances.
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Frequently asked questions
The power of judicial review was established in the US by the landmark case Marbury v. Madison in 1803.
The case arose from a dispute over a government commission. Plaintiff William Marbury and others were appointed as justices of the peace under President John Adams, but their commissions were withheld when President Thomas Jefferson took office. Marbury sued James Madison, the Secretary of State, seeking a writ of mandamus compelling delivery of the commission.
The Supreme Court ruled that while Marbury had a right to his job, issuing the writ of mandamus did not fall under their jurisdiction. The Court asserted its power to review acts of Congress and declared Section 13 of the Judiciary Act of 1789 unconstitutional, thus establishing the doctrine of judicial review.
The case established the principle of judicial review, which allows the Supreme Court to review acts of Congress and determine their constitutionality. This power is not explicitly mentioned in the Constitution but is derived from it, specifically Article III and Article VI. Judicial review ensures that the branches of government recognize their limits and uphold the Constitution as the supreme law.
