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Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court 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.
Several other cases involving judicial review issues reached the Supreme Court before the issue was definitively decided in Marbury in 1803. In Hayburn's Case, 2 U.S. (2 Dall.) 408 (1792), federal circuit courts held an act of Congress unconstitutional for the first time. Three federal circuit courts found that Congress had violated the ...
This case featured the first example of judicial review by the Supreme Court. Ware v. Hylton, 3 U.S. 199 (1796) A section of the Treaty of Paris supersedes an otherwise valid Virginia statute under the Supremacy Clause. This case featured the first example of judicial nullification of a state law. Fletcher v.
Madison, "came from Virginia, the state in which [judicial review] was particularly well established by the case law and in which it was repeatedly endorsed during the debate over the Constitution," and thus, on a personal level, Marshall "must have experienced judicial review as long-established."
In the landmark case Marbury v. Madison (1803), Marshall held that the Supreme Court could overturn a law passed by Congress if it violated the Constitution, legally cementing the power of judicial review. The Marshall Court also made several important decisions relating to federalism.
Case name Citation Summary Talbot v. Seeman: 5 U.S. 1 (1801) Marine salvage rights in time of war Marbury v. Madison: 5 U.S. 137 (1803) judicial review of laws enacted by the United States Congress: Stuart v. Laird: 5 U.S. 299 (1803) enforceability of rulings issued by judges who have since been removed from office Murray v. The Charming Betsey ...
Marbury v. Madison was the first case in which the Supreme Court struck down a federal law as unconstitutional and it is most significant for its role in establishing the Supreme Court's power of judicial review, or the power to invalidate laws as unconstitutional. As Marshall put it, "it is emphatically the province and duty of the judicial ...
The Supreme Court has established standards for determining whether a statute or policy must satisfy strict scrutiny. One ruling suggested that the affected class of people must have experienced a history of discrimination, must be definable as a group based on "obvious, immutable, or distinguishing characteristics", or be a minority or ...