Which Supreme Court decision established judicial review?

Which Supreme Court decision established judicial review?

• A. Roe v Wade
• B. Citizens United v FEC
• C. Brown v Board of Education
• D. Marbury v Madison

Answer: (D)

Judicial review is the power of the courts to declare laws or executive actions unconstitutional. This authority was established in Marbury v. Madison (1803), a decision written by Chief Justice John Marshall. The case grew out of a dispute over commissions for the so-called midnight judges, and the Court had to decide whether it could compel delivery of the commission. While recognizing that Marbury had a legal right to his appointment, the Court concluded that the specific remedy he sought—mandamus from the Supreme Court—was not available because that part of the Judiciary Act of 1789 extended the Court’s powers beyond what the Constitution allowed. In establishing that the Supreme Court could strike down laws that conflict with the Constitution, the decision created the principle of judicial review and solidified the Court’s role as a guardian of constitutional limits, a cornerstone of the U.S. system of checks and balances. Other well-known cases address different issues: Roe v. Wade centers on abortion rights, Citizens United v. FEC tackles campaign finance rules, and Brown v. Board of Education addresses school segregation. None of those established judicial review.

Judicial review is the power of the courts to declare laws or executive actions unconstitutional. This authority was established in Marbury v. Madison (1803), a decision written by Chief Justice John Marshall. The case grew out of a dispute over commissions for the so-called midnight judges, and the Court had to decide whether it could compel delivery of the commission. While recognizing that Marbury had a legal right to his appointment, the Court concluded that the specific remedy he sought—mandamus from the Supreme Court—was not available because that part of the Judiciary Act of 1789 extended the Court’s powers beyond what the Constitution allowed. In establishing that the Supreme Court could strike down laws that conflict with the Constitution, the decision created the principle of judicial review and solidified the Court’s role as a guardian of constitutional limits, a cornerstone of the U.S. system of checks and balances.

Other well-known cases address different issues: Roe v. Wade centers on abortion rights, Citizens United v. FEC tackles campaign finance rules, and Brown v. Board of Education addresses school segregation. None of those established judicial review.