Which case established judicial review by declaring that a court could strike down laws inconsistent with the Constitution?

Which case established judicial review by declaring that a court could strike down laws inconsistent with the Constitution?

• A. Dred Scott v. Sandford
• B. Fletcher v. Peck
• C. McCulloch v. Maryland
• D. Marbury v. Madison

Answer: (D)

Judicial review is the power of the courts to declare laws unconstitutional when they conflict with the Constitution. The case Marbury v. Madison established this authority for the Supreme Court. In this 1803 decision, Chief Justice John Marshall explained that the Constitution is the supreme law of the land and that it is the judiciary’s duty to interpret it. The Court held that a portion of the Judiciary Act extended beyond what the Constitution permitted, so the Court could not grant the writ sought by Marbury. In doing so, the ruling asserted that the judiciary can review laws and strike them down if they are inconsistent with the Constitution, laying the foundation for judicial review. Other famous cases touch on related issues but do not establish this general power in the same way. Dred Scott v. Sandford deals with citizenship and federal authority over slavery, not the principle that courts can strike down unconstitutional laws. McCulloch v. Maryland centers on federal supremacy and implied powers. Fletcher v. Peck is an early example where the Court voided a state action on constitutional grounds, but Marbury v. Madison is the case that formally established the doctrine of judicial review as a central function of the judiciary.

Judicial review is the power of the courts to declare laws unconstitutional when they conflict with the Constitution. The case Marbury v. Madison established this authority for the Supreme Court. In this 1803 decision, Chief Justice John Marshall explained that the Constitution is the supreme law of the land and that it is the judiciary’s duty to interpret it. The Court held that a portion of the Judiciary Act extended beyond what the Constitution permitted, so the Court could not grant the writ sought by Marbury. In doing so, the ruling asserted that the judiciary can review laws and strike them down if they are inconsistent with the Constitution, laying the foundation for judicial review.

Other famous cases touch on related issues but do not establish this general power in the same way. Dred Scott v. Sandford deals with citizenship and federal authority over slavery, not the principle that courts can strike down unconstitutional laws. McCulloch v. Maryland centers on federal supremacy and implied powers. Fletcher v. Peck is an early example where the Court voided a state action on constitutional grounds, but Marbury v. Madison is the case that formally established the doctrine of judicial review as a central function of the judiciary.