Which decision established the principle of judicial review in the United States?

Which decision established the principle of judicial review in the United States?

• A. McCulloch v. Maryland (1819)
• B. Gibbons v. Ogden (1824)
• C. Marbury v. Madison (1803)
• D. Wickard v. Filburn (1942)

Answer: (C)

Judicial review—the power of courts to interpret the Constitution and nullify laws or actions that conflict with it—was established in Marbury v. Madison. In this case, the Court faced a dispute over whether it could grant a writ of mandamus to compel a government official to deliver a commission. The opinion, led by Chief Justice John Marshall, is famous for articulating that the Constitution is the supreme law of the land and that it is the judiciary’s role to interpret and enforce it. Although the Court found that the particular remedy Marbury sought was not available in that instance, the decision ultimately created the authority for the Supreme Court to review acts of Congress and other branches to determine their constitutionality. This principle of judicial review stands in contrast to the other choices, which focus on federal power or commerce regulation rather than the court’s authority to check constitutional compliance.

Judicial review—the power of courts to interpret the Constitution and nullify laws or actions that conflict with it—was established in Marbury v. Madison. In this case, the Court faced a dispute over whether it could grant a writ of mandamus to compel a government official to deliver a commission. The opinion, led by Chief Justice John Marshall, is famous for articulating that the Constitution is the supreme law of the land and that it is the judiciary’s role to interpret and enforce it. Although the Court found that the particular remedy Marbury sought was not available in that instance, the decision ultimately created the authority for the Supreme Court to review acts of Congress and other branches to determine their constitutionality. This principle of judicial review stands in contrast to the other choices, which focus on federal power or commerce regulation rather than the court’s authority to check constitutional compliance.