Citation: 5 U.S. (1 Cranch) 137 (1803) · Court: Marshall Court · Vote: Unanimous
Holding
The Supreme Court has the power to review acts of Congress and declare them unconstitutional. This principle, known as judicial review, established the judiciary as a co-equal branch and the ultimate interpreter of the Constitution.Background
In the final days of his term, President John Adams appointed several justices of the peace, including William Marbury. The incoming Jefferson administration refused to deliver Marbury’s commission. Marbury sued, asking the Court to compel Secretary of State James Madison to deliver it.The Decision
Chief Justice John Marshall ruled that while Marbury was entitled to his commission, the Court could not order its delivery. The law granting the Court that power, a provision of the Judiciary Act of 1789, exceeded the authority granted to the Court by Article III of the Constitution. The Court therefore struck down part of an act of Congress for the first time.“It is emphatically the province and duty of the judicial department to say what the law is.”