Which Supreme Court case established judicial review?

• A. Marbury v. Madison (1803)
• B. McCulloch v. Maryland
• C. Gibbons v. Ogden
• D. United States v. Nixon

Answer: (A)

Judicial review is the power of the courts to interpret the Constitution and strike down laws or actions that conflict with it. In Marbury v. Madison, the Court set that principle in a way that made it official: the judiciary has the duty and authority to say what the law is, and to declare acts of Congress or the President unconstitutional if they overstep constitutional limits. The case arose when William Marbury sought a writ of mandamus to force the new Secretary of State, James Madison, to deliver his commission. The Court ruled that Marbury had a right to the commission, but the specific provision he relied on to obtain relief was unconstitutional because it expanded the Supreme Court’s original jurisdiction beyond what the Constitution allows. That decision established the idea that the Supreme Court can review and nullify federal laws or actions that violate the Constitution, creating the basis for judicial review.

Other landmark cases are important for understanding the Court’s reach, but they did not originate judicial review. For example, McCulloch v. Maryland affirmed federal supremacy and implied powers; Gibbons v. Ogden clarified the scope of federal power over interstate commerce; United States v. Nixon limited executive privilege and compelled disclosure in a criminal investigation.