Marbury v. Madison: Judicial Review (1803)
by Anonymous
Chief Justice John Marshall established that the Supreme Court could declare laws unconstitutional — judicial review. This wasn't in the Constitution but became the foundation of American constitutional law.
Assert Judicial Review
1803
year
Courts can strike down unconstitutional laws
principle established
Implied from Article III
constitutional basis
Chosen — cornerstone of US legal system
outcome
Defer to Congress
1803
year
Legislature is supreme
principle established
Strict textualist reading
constitutional basis
Not chosen — would have weakened judiciary permanently
outcome
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