Portrait of William Marbury. The landmark 1803 case Marbury v. Madison marked the first time the Court asserted its role in reviewing federal legislation to determine its compatibility with the Constitution -- the function of judicial review. Above, a portrait of plaintiff William Marbury.
Reproduction courtesy of the Office of the Supreme Court Curator
In Marbury v. Madison (1803) the Supreme Court announced for the first time the principle that a court may declare an act of Congress void if it is inconsistent with the Constitution. William Marbury had been appointed a justice of the peace for the District of Columbia in the final hours of the Adams administration. When James Madison, Thomas Jefferson’s secretary of state, refused to deliver Marbury’s commission, Marbury, joined by three other similarly situated appointees, petitioned for a writ of mandamus compelling delivery of the commissions.
