Which of the following was a case in which the Supreme Court claimed the power of judicial review?
(1 point)
Responses
Marbury v. Madison
Marbury v. Madison
McCulloch v. Maryland
McCulloch v. Maryland
Jackson v. Jefferson
Jackson v. Jefferson
Marshall v. Adams
The correct answer is Marbury v. Madison.
The case in which the Supreme Court claimed the power of judicial review is Marbury v. Madison.
The case in which the Supreme Court claimed the power of judicial review is Marbury v. Madison. To determine the correct answer, we need to understand what judicial review is. Judicial review refers to the power of the courts to review and potentially invalidate laws or actions of the other branches of government, such as the executive or legislative branch, if they are found to be unconstitutional.
In Marbury v. Madison, the Supreme Court established the principle of judicial review. This case involved a dispute over the delivery of judicial appointments made by then-President John Adams before leaving office. William Marbury, one of the appointees, sought a writ of mandamus (legal order) from the Supreme Court to force the new Secretary of State, James Madison, to deliver the appointment. Chief Justice John Marshall, in the Court's decision, ruled that while Marbury did have a legal right to the appointment, the Court did not have the authority to issue the writ of mandamus to Madison.
Importantly, Marshall's decision in Marbury v. Madison declared that Section 13 of the Judiciary Act of 1789, which had granted the Supreme Court original jurisdiction to issue such orders, was unconstitutional. This ruling established the Court's power of judicial review, as it held that the Court had the authority to determine the constitutionality of laws passed by Congress and strike them down if necessary.