Marbury v. Madison - wikipedia Marbury v. Madison United States Supreme Court case Marbury v. Madison Supreme Court of the United States Argued February 11, 1803 Decided February 24, 1803 Full case name William Marbury v. James Madison, Secretary of State of the United States Citations 5 U.S. 137 ( more ) 1 Cranch 137 ; 2 L. Ed. 60 ; 1803 U.S. LEXIS 352 Prior history Original action filed in U.S. Supreme Court ; order to show cause why writ of mandamus should not issue, December 1801 Holding Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. Congress can not pass laws that are contrary to the Constitution, and it is the role of the judiciary to interpret what the Constitution permits. Court membership Chief Justice John Marshall Associate Justices William Cushing William Paterson Samuel Chase Bushrod Washington Alfred Moore Case opinions Majority Marshall, joined by Paterson, Chase, Washington Cushing and Moore took no part in the consideration or decision of the case. Laws applied U.S. Const. arts. I, III ; Judiciary Act of 1789 § 13 Marbury v. Madison, 5 U.S. ( 1 Cranch ) 137 ( 1803 ), was a U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and executive actions that contravene the U.S. Constitution. The Court 's landmark decision, issued in 1803, helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government. The case ultimately stemmed from a rivalry between outgoing U.S. President John Adams and incoming President Thomas Jefferson. Adams had lost the U.S. presidential election of 1800 to Jefferson, and in March 1801, just two days before his term as president ended, Adams appointed several dozen men who supported him and the Federalist Party to new circuit judge and justice of the peace positions in an attempt to stymie Jefferson and his supporters in the Democratic - Republican Party. The U.S. Senate quickly confirmed Adams 's appointments, but upon Jefferson 's inauguration two days later, a few of the mens ' paper commissions still had not been delivered. Jefferson believed the commissions were void because they had not been delivered in time, and instructed his new Secretary of State, James Madison, not to deliver them. Among the men whose commissions had not been delivered in time was William Marbury, a landowner and businessman from Maryland who had been a strong supporter of Adams and the Federalists. In late 1801, Marbury filed a lawsuit in the U.S. Supreme Court asking the Court to issue a writ of mandamus forcing Madison to deliver his commission. The Court, in an opinion written by Chief Justice John Marshall, found firstly that Madison 's refusal to deliver the commission was both illegal and correctible. Nonetheless, the Court stopped short of ordering Madison to hand over Marbury 's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court 's original jurisdiction beyond that which Article III established. Marbury v. Madison remains the single most important decision in American constitutional law. The decision expanded the power of the Supreme Court in general, by announcing that the 1789 law which gave the Court jurisdiction in this case was unconstitutional. Marbury thus lost his case, which the Court said he should have won, but, in explaining its inability to provide Marbury the remedy it said he deserved, the Court established the principle of judicial review, i.e., the power to declare a law unconstitutional. Contents 1 Background 2 Decision 2.1 Marbury 's commission and legal remedy 2.2 Jurisdiction 2.3 Introducing judicial review 3 Impact 4 Criticism 5 See also 6 Notes 7 References 7.1 Citations 7.2 Works cited 8 Further reading 9 External links Background In the fiercely contested U.S. presidential election of 1800, the three major candidates were Democratic - Republican Party candidates Thomas Jefferson and Aaron Burr, and Federalist Party candidate John Adams, who was the incumbent U.S. president. American public opinion had gradually turned against the Federalists in the months prior to the election, mainly due to their use of the Alien and Sedition Acts and growing tensions with Great Britain. Jefferson easily won the popular vote, but he and Burr tied in the Electoral College vote ; as the U.S. Constitution directs, the tie went to the U.S. House of Representatives, which voted in favor of Jefferson. William Marbury, whose commission was not delivered before outgoing President John Adams left office. Secretary of State James Madison, whom incoming President Thomas Jefferson instructed to withhold the undelivered commissions. As the results of the election became clear in early 1801, Adams and the Federalists became determined to exercise their influence in the weeks remaining before Jefferson took office, and did all they could to fill federal offices with `` anti-Jeffersonians '' who were loyal to the Federalists. On March 2, 1801, just two days before his presidential term was to end, Adams nominated nearly 60 Federalist supporters to circuit judge and justice of the peace positions the Federalist - controlled Congress had newly created. These appointees -- known as the `` Midnight Judges '' -- included William Marbury, a prosperous businessman from Maryland. An ardent Federalist, Marbury was active in Maryland politics and had been a vigorous supporter of the Adams presidency. The following day, March 3, Adams 's nominations were approved en masse by the U.S. Senate. The commissions were immediately signed and sealed by Adams 's Secretary of State, John Marshall, who had been named the new Chief Justice of the United States in January 1801 but continued acting as Adams 's Secretary of State until Jefferson took office. Marshall then dispatched his younger brother James Markham Marshall to deliver the commissions to the appointees. With only one day left before Jefferson 's inauguration, James Marshall was able to deliver most of the commissions, but a few -- including Marbury 's -- were not delivered. On March 4, 1801, Thomas Jefferson was sworn in and became the 3rd President of the United States. As soon as he was able, Jefferson instructed his new Secretary of State, James Madison, to withhold the undelivered appointments. In Jefferson 's opinion, the commissions were void because they had not been delivered in time. Without the commissions, the appointees were unable to assume the offices and duties to which they had been appointed. In December 1801, Marbury filed suit against Madison in the Supreme Court, asking the Court to issue a writ of mandamus forcing Madison to deliver Marbury 's commission. This lawsuit resulted in the case of Marbury v. Madison. Aside from its inherent legal complexities, the case created a difficult political dilemma for Marshall and the rest of the Supreme Court. If the Court ruled in favor of Marbury and issued a writ of mandamus ordering Madison to deliver the commission, Jefferson and Madison would likely have simply ignored the order, which would have made the Court look impotent and emphasized the `` shakiness '' of the judiciary. On the other hand, a basic ruling against Marbury would have given Jefferson and the Republican - Democrats a clear political victory. In his `` brilliant '' decision, Marshall not only avoided both problems, but with `` a touch of genius '' also used the case to establish the principle of judicial review in American law. Decision An engraving of Chief Justice John Marshall made by Charles - Balthazar - Julien Fevret de Saint - Mémin in 1808. On February 24, 1803, the Court rendered a unanimous ( 4 -- 0 ) decision against Marbury. The Court 's opinion was written by the Chief Justice, John Marshall. Marshall structured the Court 's opinion around a series of three questions that Marshall answered in turn : First, did Marbury have a right to his commission ? Second, if Marbury had a right to his commission, was there a legal remedy for him to obtain it ? Third, if there was such a remedy, could the Supreme Court legally issue it ? Marbury 's commission and legal remedy The Court quickly answered the first two questions affirmatively. First, Marshall wrote that Marbury had a right to his commission because all appropriate procedures were followed -- the commission had been properly signed and sealed. Madison contended that the commissions were void if not delivered ; the Court disagreed, and said that the delivery of the commission was merely a custom, not an essential element of the commission itself. The ( President 's ) signature is a warrant for affixing the great seal to the commission, and the great seal is only to be affixed to an instrument which is complete. (... ) The transmission of the commission is a practice directed by convenience, but not by law. It can not therefore be necessary to constitute the appointment, which must precede it and which is the mere act of the President. -- from Marbury v. Madison, 5 U.S. at 158, 160. Because Marbury 's commission was valid, Marshall wrote, Madison 's withholding of it was `` violative of a vested legal right '' on Marbury 's part. Turning to the second question, the Court said that the laws clearly afforded Marbury a remedy. Following the traditional Roman legal maxim ubi jus, ibi remedium ( `` where there is a legal right, there is also a legal remedy '' ), Marshall wrote : `` The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws whenever he receives an injury. '' The specific issue, however, was whether the courts -- part of the judicial branch of the government -- could give Marbury a remedy against Madison -- who as Secretary of State was part of the executive branch of the government. The Court held that so long as the remedy involved a mandatory duty to a specific person, and not a political matter left to discretion, the courts could provide the legal remedy. In a now well - known line of the opinion, Marshall wrote : `` The government of the United States has been emphatically termed a government of laws, and not of men. '' Jurisdiction After concluding that Marbury had a right to his commission and that a legal remedy existed to provide it to him, the Court then turned to whether or not it was proper for the Supreme Court to issue the writ Marbury requested. Marshall first reiterated the distinction between the executive branch 's political discretion, which he said the courts could not review, and its legally mandated ministerial duties, which the courts could review. Marshall then addressed the most important issue of the opinion : the propriety of the Supreme Court 's jurisdiction over the matter. Marbury argued that the Judiciary Act of 1789 gave the Supreme Court original jurisdiction over his case. The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after specially provided for ; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States. -- Judiciary Act of 1789, Section 13 ( excerpt ) Marshall 's discussion of this issue first explains the difference between original jurisdiction, in which a court has the power to be the first to hear and decide a case, and appellate jurisdiction, in which a party to a decision appeals to a higher court which has the power to review the previous decision and then either affirm or overturn it. Because Marbury filed his suit directly with the Supreme Court, the Court would need to exercise original jurisdiction to hear it ; if the Court 's jurisdiction over writs of mandamus was limited to appellate jurisdiction only, it would be unable to properly hear and decide Marbury 's directly - filed case, since it had not been first heard in a lower court and then appealed to the Supreme Court. The Court agreed with Marbury, and interpreted the relevant section of the Judiciary Act to authorize mandamus on original jurisdiction. However, Marshall noted that this authorization clashed with Article III of the U.S. Constitution, which establishes the judicial branch of the U.S. government. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. -- U.S. Constitution, Article III, Section 2. This section of Article III of the Constitution establishes that the Supreme Court has original jurisdiction in cases where a U.S. State is a party to the lawsuit, or where the lawsuit involves foreign dignitaries. Neither of these categories covered Marbury 's justice of the peace commission, and so, according to the Constitution, the Court could only have heard Marbury 's case while exercising appellate jurisdiction. However, Marshall had interpreted the Judicial Act to have given the Court original jurisdiction over the matter : this meant that the Judicial Act apparently took the initial scope of the Supreme Court 's original jurisdiction -- which was limited to cases either directly involving States or involving foreign dignitaries -- and expanded it to include issuing writs of mandamus. Marshall ruled that Congress can not increase the Supreme Court 's original jurisdiction as it was set down in the Constitution, and therefore that the relevant portion of Section 13 of the Judiciary Act violated Article III of the Constitution. Introducing judicial review Inscription on the wall of the Supreme Court Building from Marbury v. Madison, in which Chief Justice John Marshall outlined the concept of judicial review. After ruling that it conflicted with the Constitution, Marshall struck down the relevant portion of the Judiciary Act in the U.S. Supreme Court 's first ever declaration of the power of judicial review. Marshall 's justification for the Court 's judicial review power began with a long disquisition on the hierarchy between statutory law and constitutional law. Marshall held `` virtually as a matter of iron logic '' that in the event of conflict between the Constitution and statutory laws passed by Congress, the constitutional law must be supreme. Additionally, Marshall stated that deciding the constitutionality of the laws it applies is an inherent part of the American judiciary 's role. In what has become the most frequently quoted line of the opinion, Marshall wrote : `` It is emphatically the province and duty of the judicial department to say what the law is. '' The Court 's opinion gives a number of reasons in support of judicial review. Marshall reasoned that the U.S. Constitution places limits on the American government 's powers, and that those limits would be meaningless unless they were subject to judicial review and enforcement. The written nature of the Constitution, he wrote, inherently established judicial review. In a line borrowed from Alexander Hamilton 's essay Federalist No. 78, Marshall wrote : `` The powers of the legislature are defined and limited ; and that those limits may not be mistaken or forgotten, the constitution is written. '' In another argument borrowed from Federalist No. 78, Marshall stated that `` a law repugnant to the Constitution is void '', and that the judiciary had no choice but to follow the Constitution. Marshall reasoned that the Constitution 's provisions limiting the legislature 's power -- such as the export tax clause and the prohibitions on bills of attainder and ex post facto laws -- meant that in some cases the judiciary would be forced to choose between enforcing the Constitution or following Congress. Marshall also argued that the authorization in Article III of the Constitution that the Court can decide cases arising `` under this Constitution '' implied that the Court had the power to strike down laws conflicting with the Constitution. This, Marshall wrote, meant that the Founders were willing to have the American judiciary use and interpret the Constitution when judging cases. Lastly, Marshall argued that judicial review is implied in Article VI of the Constitution, since it declares the supreme law of the United States to be not the Constitution and the laws of the United States in general, but rather the Constitution and laws made `` in Pursuance thereof ''. Impact Chief Justice John Marshall 's opinion in Marbury established the power of the judiciary to review the constitutionality of legislation and certain executive actions in American law, a power known as `` judicial review ''. Marbury 's establishment of judicial review cemented the fact that the U.S. Constitution is actual law -- as opposed to a document simply containing widely accepted political ideals -- against which courts can review laws and statutes passed by the legislature. This departed from the British system, in which statutes passed by Parliament can not be reviewed or struck down by courts because of the principle of parliamentary sovereignty. Marbury also established that the power of judicial review covers actions by the executive branch -- the U.S. President and his cabinet members. However, American courts ' power of judicial review over U.S. executive branch actions only extends to matters in which the executive has a legal duty to act or refrain from acting, and does not extend to matters that are entirely within the U.S. president 's discretion, such as whether to veto a bill or whom to appoint to an office. This power has been the basis of many subsequent important Supreme Court decisions in American history, such as the 1974 case United States v. Nixon, in which the Court held that President Richard Nixon was required to comply with a subpoena to provide tapes of his conversations for use in a criminal trial, and which ultimately led to Nixon 's resignation. Judicial review was rarely exercised in early American history. After the Marbury decision in 1803, the U.S. Supreme Court did not strike down another federal law until 1857, when the Court struck down the Missouri Compromise in the now - infamous case of Dred Scott v. Sandford, a ruling that contributed to the outbreak of the American Civil War. Criticism Given its preeminent position in American constitutional law, Chief Justice John Marshall 's opinion in Marbury v. Madison continues to be the subject of critical analysis and historical inquiry. Marshall 's opinion has been criticized on a number of grounds, including logical inconsistencies and legal inaccuracies, but is still widely praised for its overall political and jurisprudential brilliance. U.S. Supreme Court Justice Felix Frankfurter, writing in the Harvard Law Review, emphasized that one can criticize Marshall 's opinion in Marbury without detracting from its foundational importance and overall brilliance : `` The courage of Marbury v. Madison is not minimized by suggesting that its reasoning is not impeccable and that its conclusion, however wise, not inevitable. '' Criticisms of Marshall 's opinion in Marbury usually fall into two general categories. First, some criticize the way Marshall strove to reach the conclusion that the U.S. Supreme Court has constitutional authority over the other branches of the U.S. government. Second, Marshall 's arguments for the Court 's authority are sometimes said to be mere `` assertions of authority '', rather than substantial reasons logically laid out to support his position. Additionally, it is questionable whether Marshall should have participated in the Marbury case because of his participating role in the dispute. Marshall was still the acting Secretary of State when the nominations were made, and he himself had signed the commissions and had been responsible for their delivery. This potential conflict of interest raises strong grounds for Marshall to have recused himself from the case. See also Australian Communist Party v Commonwealth Judicial review in the United States List of United States Supreme Court cases, volume 5 Hylton v. United States Calder v. Bull Stuart v. Laird ( 1803 ) United States v. More ( 1805 ) Notes ^ Jump up to : Due to illnesses, Justices William Cushing and Alfred Moore did not sit for oral argument or participate in the Court 's decision. References Citations ^ Jump up to : Chemerinsky ( 2015 ), p. 37. Jump up ^ McBride, Alex ( December 2006 ). `` The Supreme Court, The Court and Democracy, Landmark Cases, Marbury v. Madison ( 1803 ) ''. Thirteen / WNET New York. Retrieved 22 September 2017. Jump up ^ McCloskey & Levinson ( 2015 ), pp. 23 -- 24. ^ Jump up to : Chemerinsky ( 2015 ), p. 38. Jump up ^ McCloskey & Levinson ( 2010 ), p. 25. Jump up ^ Miller ( 2009 ), p. 44. Jump up ^ Pohlman ( 2005 ), p. 21. ^ Jump up to : McCloskey & Levinson ( 2010 ), p. 26. ^ Jump up to : Chemerinsky ( 2015 ), p. 39. ^ Jump up to : Chemerinsky ( 2015 ), pp. 39 -- 40. ^ Jump up to : Chemerinsky ( 2015 ), p. 40. Jump up ^ Amar ( 1989 ), p. 447. Jump up ^ Chemerinsky ( 2015 ), p. 40, quoting Marbury, 5 U.S. at 162. Jump up ^ Chemerinsky ( 2015 ), p. 40, quoting Marbury, 5 U.S. at 163. Jump up ^ Chemerinsky ( 2015 ), pp. 40 -- 41. ^ Jump up to : Chemerinsky ( 2015 ), p. 41. ^ Jump up to : Epstein ( 2014 ), p. 89. ^ Jump up to : Chemerinsky ( 2015 ), p. 42. Jump up ^ Currie ( 1997 ), p. 53. Jump up ^ Chemerinsky ( 2015 ), p. 42, quoting Marbury, 5 U.S. at 177. ^ Jump up to : Chemerinsky ( 2015 ), p. 43. Jump up ^ Prakash & Yoo ( 2003 ), p. 914. Jump up ^ Chemerinsky ( 2015 ), p. 43, quoting Marbury, 5 U.S. at 176. Jump up ^ Epstein ( 2014 ), p. 90, quoting Marbury, 5 U.S. at 180. ^ Jump up to : Rotunda & Nowak ( 2013 ) : § 1.3. ^ Jump up to : Chemerinsky ( 2015 ), p. 44. ^ Jump up to : Rotunda & Nowak ( 2013 ), § 1.4 ( a ). Jump up ^ Frankfurter ( 1955 ), p. 219, quoted in Rotunda & Nowak ( 2013 ), § 1.4 ( a ). Works cited Amar, Akhil Reed ( 1989 ). `` Marbury, Section 13, and the Original Jurisdiction of the Supreme Court ''. University of Chicago Law Review. 56 ( 2 ) : 443 -- 99. JSTOR 1599844. Chemerinsky, Erwin ( 2015 ). Constitutional Law : Principles and Policies ( 5th ed. ). New York : Wolters Kluwer. ISBN 978 - 1 - 4548 - 4947 - 6. Currie, David P. ( 1997 ). The Constitution in Congress : The Federalist Period 1789 -- 1801. Chicago : University of Chicago Press. Edlin, Douglas ( 2008 ). Judges and Unjust Laws : Common Law Constitutionalism and the Foundations of Judicial Review. Ann Arbor : University of Michigan Press. ISBN 0 - 472 - 11662 - 2. Epstein, Richard A. ( 2014 ). The Classical Liberal Constitution : The Uncertain Quest for Limited Government. Cambridge, MA : Harvard University Press. ISBN 978 - 0674724891. Fletcher, George P. ; Sheppard, Steve ( 2004 ). American Law in Global Perspective : The Basics. Oxford University Press. ISBN 0 - 19 - 516723 - 6. Frankfurter, Felix ( 1955 ). `` John Marshall and the Judicial Function ''. Harvard Law Review. 69 ( 2 ) : 217 -- 38. JSTOR 1337866. Henretta, James A. ; David Brody ; Lynn Dumenil ( 2007 ). America 's History : Volume 1 : To 1877 ( 6th ed. ). Boston : Bedford / St. Martin 's. ISBN 978 - 0 - 312 - 45285 - 8. McCloskey, Robert G. ; Levinson, Sanford ( 2010 ). The American Supreme Court ( 5th ed. ). Chicago : University of Chicago Press. ISBN 978 - 0 - 226 - 55686 - 4. McDowell, Gary L. ( 1993 ). `` Coke, Corwin and the Constitution : The ' Higher Law Background ' Reconsidered ''. The Review of Politics. Cambridge University Press. 55 ( 3 ). doi : 10.1017 / s0034670500017605. ISSN 0034 - 6705. Miller, Mark Carlton ( 2009 ). The View of the Courts from the Hill : Interactions Between Congress and the Federal Judiciary. Charlottesville : University of Virginia Press. Pohlman, H.L. ( 2005 ). Constitutional Debate in Action : Governmental Powers. Lanham : Rowman & Littlefield. ISBN 0 - 7425 - 3593 - 2. Rotunda, Ronald ; Nowak, John E. ( 2013 ). Treatise on Constitutional Law : Substance & Procedure ( 5th ed. ). New York : Thomson West. Prakash, Saikrishna ; Yoo, John ( 2003 ). `` The Origins of Judicial Review ''. University of Chicago Law Review. 70 ( 3 ) : 887 -- 982. doi : 10.2307 / 1600662. Smith, Jean Edward ( 1996 ). John Marshall : Definer of a Nation. New York : Henry Holt & Company ; New York. ISBN 978 - 0 - 8050 - 1389 - 4. Sullivan, Kathleen M. ; Gunther, Gerald ( 2007 ). Constitutional Law. New York : Foundation Press. ISBN 978 - 1 - 59941 - 246 - 7. Treanor, William Michael ( 2005 ). `` Judicial Review Before Marbury ''. Stanford Law Review. 58 ( 2 ) : 455 -- 562. JSTOR 40040272. Further reading Smith, Jean Edward ( 1989 ). The Constitution And American Foreign Policy. St. Paul, MN : West Publishing Company. ISBN 0 - 314 - 42317 - 6. Nelson, William E. ( 2000 ). Marbury v. Madison : The Origins and Legacy of Judicial Review. University Press of Kansas. ISBN 0 - 7006 - 1062 - 6. ( One introduction to the case ) Clinton, Robert Lowry ( 1991 ). Marbury v. Madison and Judicial Review. University Press of Kansas. ISBN 0 - 7006 - 0517 - 7. ( Claims that it is a mistake to read the case as claiming a judicial power to tell the President or Congress what they can or can not do under the Constitution. ) Irons, Peter ( 1999 ). A People 's History of the Supreme Court. Penguin Books. pp. 104 -- 107. ISBN 0 - 14 - 029201 - 2. Newmyer, R. Kent ( 2001 ). John Marshall and the Heroic Age of the Supreme Court. Louisiana State University Press. ISBN 0 - 8071 - 3249 - 7. James M. O'Fallon, The Case of Benjamin More : A Lost Episode in the Struggle over Repeal of the 1801 Judiciary Act, 11 Law & Hist. Rev. 43 ( 1993 ). Tushnet, Mark ( 2008 ). I dissent : Great Opposing Opinions in Landmark Supreme Court Cases. Boston : Beacon Press. pp. 1 -- 16. ISBN 978 - 0 - 8070 - 0036 - 6. Sloan, Cliff ; McKean, David ( 2009 ). The Great Decision : Jefferson, Adams, Marshall and the Battle for the Supreme Court. New York, NY : PublicAffairs. ISBN 1 - 58648 - 426 - 5. External links Wikisource has original text related to this article : Marbury v. Madison Text of Marbury v. Madison, 5 U.S. ( 1 Cranch ) 137 ( 1803 ) is available from : Cornell Findlaw Justia OpenJurist Primary Documents in American History : Marbury v. Madison from the Library of Congress `` John Marshall, Marbury v. Madison, and Judicial Review -- How the Court Became Supreme '' Lesson plan for grades 9 -- 12 from National Endowment for the Humanities The 200th Anniversary of Marbury v. Madison : The Reasons We Should Still Care About the Decision, and The Lingering Questions It Left Behind The Establishment of Judicial Review The 200th Anniversary of Marbury v. Madison : The Supreme Court 's First Great Case Case Brief for Marbury v. Madison at Lawnix.com The short film Marbury v. Madison ( 1977 ) is available for free download at the Internet Archive `` Supreme Court Landmark Case Marbury v. Madison '' from C - SPAN 's Landmark Cases : Historic Supreme Court Decisions James Madison 4th President of the United States ( 1809 -- 1817 ) 5th U.S. Secretary of State ( 1801 -- 1809 ) United States House of Representatives ( 1789 -- 1797 ) Congress of the Confederation ( 1781 -- 1783 ) Virginia House of Delegates ( 1776 -- 1779, 1784 -- 1786 ) `` Father of the Constitution '' Co-wrote, 1776 Virginia Constitution 1786 Annapolis Convention 1787 Constitutional Convention Virginia Plan Constitution of the United States Notes of Debates in the Federal Convention of 1787 The Federalist Papers written by Madison No. 10 No. 51 Virginia Ratifying Convention United States Bill of Rights 27th amendment Constitution drafting and ratification timeline Founding Fathers Presidency First inauguration Second inauguration Tecumseh 's War Battle of Tippecanoe War of 1812 origins Burning of Washington The Octagon House Treaty of Ghent Seven Buildings residence results Second Barbary War Era of Good Feelings Second Bank of the United States State of the Union Address ( 1810 1814 1815 1816 ) Cabinet Federal judiciary appointments Other noted accomplisments Co-founder, American Whig Society Supervised the Louisiana Purchase Anti-Administration party Residence Act Compromise of 1790 Democratic - Republican Party First Party System republicanism Library of Congress Virginia and Kentucky Resolutions Report of 1800 Other writings The Papers of James Madison Life Early life and career Belle Grove Plantation, birthplace Montpelier Elections U.S. House of Representatives election, 1789 1790 1792 1794 U.S. presidential election, 1808 1812 Legacy and popular culture James Madison Memorial Building James Madison University James Madison College Madison, Wisconsin Madison Square Madison River Madison Street U.S. postage stamps James Madison Memorial Fellowship Foundation James Madison Freedom of Information Award James Madison Award James Madison Institute A More Perfect Union ( 1989 film ) Liberty 's Kids ( 2002 series ) Hamilton ( 2015 musical ) Related Age of Enlightenment American Enlightenment Marbury v. Madison National Gazette Paul Jennings Madisonian Model American Philosophical Society The American Museum magazine Virginia dynasty Family Dolley Madison ( wife ) John Payne Todd ( stepson ) James Madison, Sr. ( father ) Nelly Conway Madison ( mother ) William Madison ( brother ) Ambrose Madison ( paternal grandfather ) James Madison ( cousin ) George Madison ( paternal second - cousin ) Thomas Madison ( paternal second - cousin ) John Madison ( great - grandfather ) ← Thomas Jefferson James Monroe → Retrieved from `` https://en.wikipedia.org/w/index.php?title=Marbury_v._Madison&oldid=854695561 '' Categories : 1803 in United States case law 6th United States Congress History of the United States ( 1789 -- 1849 ) Legal history of the District of Columbia Legal history of the United States Presidency of Thomas Jefferson United States Constitution Article Three case law United States constitutional case law United States political question doctrine case law United States Supreme Court cases United States Supreme Court original jurisdiction cases United States Supreme Court cases of the Marshall Court Hidden categories : Wikipedia indefinitely semi-protected pages Articles with short description Talk View source Contents About Wikipedia Deutsch Español Français 한국어 Bahasa Indonesia Italiano עברית 日本 語 Português Русский Svenska Українська 中文 4 more Edit links This page was last edited on 13 August 2018, at 04 : 28 ( UTC ). 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Question: what was the significance of marbury vs madison
Answer: established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and executive actions that contravene the U.S. Constitution