Question

How did the case of marbury vs. madison in 1803 established the supreme court's power of judicial review?

Answer 1

Marbury v. Madison is the Supreme Court case that confirmed that the federal courts have the authority to declare laws unconstitutional. It did not necessarily create or establish the power as much as it confirmed that it is inherent in the power of the judicial branch even though it is not specifically stated in the Constitution. This was devised by Chief Justice John Marshall (former secretary of state to John Adams) when he declared parts of the Judiciary act of 1789 unconstitutional. William Marbury had been elected as a judge by Adams in the Judiciary act of 1801, but he was not commissioned by Marshall in time. When Jefferson became president (March, 4, 1801), his secretary of state, James Madison, did not deliver the commission under the new Democratic-Republican party.