What is the significance of Marbury v. Madison?

• A. It created the national bank
• B. It established the Electoral College
• C. It established judicial review
• D. It declared independence from Britain

Answer: (C)

Judicial review is the idea that the courts have the power to interpret the Constitution and strike down laws or government actions that violate it. Marbury v. Madison, decided in 1803, established that power for the Supreme Court. In the case, Marbury sought a court order to compel the new Secretary of State to deliver a commission. The Court held that Marbury was entitled to the commission, but the specific legal mechanism he relied on (a writ of mandamus issued by the Supreme Court) extended beyond what the Constitution allowed, so the Court could not grant the remedy. In the same decision, however, the Court declared that it is the duty of the judiciary to interpret the Constitution, and that if a law or action conflicts with the Constitution, the judiciary can declare it unconstitutional. This creates a check and balance among the branches and asserts the Constitution as the supreme law, giving the judiciary a final say on constitutional matters.