Which court case established judicial review, allowing courts to strike down unconstitutional laws?

Which court case established judicial review, allowing courts to strike down unconstitutional laws?

• A. Dred Scott v. Sandford
• B. MARBURY V. MADISON (1803)
• C. Plessy v. Ferguson
• D. Brown v. Board of Education

Answer: (B)

Judicial review is the power of the courts to strike down laws or government actions that conflict with the Constitution. Marbury v. Madison established this authority for the Supreme Court, with Chief Justice John Marshall arguing that it is the judiciary’s job to interpret the Constitution and declare unconstitutional any law that contradicts it. The decision grew from a dispute over William Marbury’s commission and the question of whether the Court could issue a writ of mandamus under the Judiciary Act of 1789; the Court held that part of the act extended beyond the Constitution, thereby establishing the principle of judicial review. This ruling frames the Constitution as the supreme law and gives the courts the final say in constitutional interpretation, providing a check on both Congress and the President. The other cases listed address different issues—citizenship and slavery, segregation, and education policy—and do not establish the power of judicial review.

Judicial review is the power of the courts to strike down laws or government actions that conflict with the Constitution. Marbury v. Madison established this authority for the Supreme Court, with Chief Justice John Marshall arguing that it is the judiciary’s job to interpret the Constitution and declare unconstitutional any law that contradicts it. The decision grew from a dispute over William Marbury’s commission and the question of whether the Court could issue a writ of mandamus under the Judiciary Act of 1789; the Court held that part of the act extended beyond the Constitution, thereby establishing the principle of judicial review. This ruling frames the Constitution as the supreme law and gives the courts the final say in constitutional interpretation, providing a check on both Congress and the President. The other cases listed address different issues—citizenship and slavery, segregation, and education policy—and do not establish the power of judicial review.