Which landmark Supreme Court case established judicial review?

Which landmark Supreme Court case established judicial review?

• A. Marbury v. Madison
• B. McCulloch v. Maryland
• C. Dred Scott v. Sandford
• D. Plessy v. Ferguson

Answer: (A)

Judicial review is the power of the courts to interpret the Constitution and strike down laws or government actions that conflict with it. Marbury v. Madison is the case that first clearly established that power for the Supreme Court. In a dispute over Adams’ last-minute appointments, Marbury asked for a writ of mandamus to compel the Secretary of State to deliver his commission. The Court said Marbury had a right to the commission, but the part of the Judiciary Act that would have given the Court the authority to issue that writ in this situation was unconstitutional, because the Constitution did not grant the Court that jurisdiction. This ruling set the precedent that the Supreme Court can decide what the Constitution means and can nullify laws that contradict it, giving the judiciary a check on the other branches. The other cases involve different issues: McCulloch v. Maryland focuses on federal versus state power, not on establishing the Court’s ability to review constitutional questions; Dred Scott v. Sandford dealt with citizenship and slavery; Plessy v. Ferguson upheld segregation. None of these established judicial review.

Judicial review is the power of the courts to interpret the Constitution and strike down laws or government actions that conflict with it. Marbury v. Madison is the case that first clearly established that power for the Supreme Court. In a dispute over Adams’ last-minute appointments, Marbury asked for a writ of mandamus to compel the Secretary of State to deliver his commission. The Court said Marbury had a right to the commission, but the part of the Judiciary Act that would have given the Court the authority to issue that writ in this situation was unconstitutional, because the Constitution did not grant the Court that jurisdiction. This ruling set the precedent that the Supreme Court can decide what the Constitution means and can nullify laws that contradict it, giving the judiciary a check on the other branches. The other cases involve different issues: McCulloch v. Maryland focuses on federal versus state power, not on establishing the Court’s ability to review constitutional questions; Dred Scott v. Sandford dealt with citizenship and slavery; Plessy v. Ferguson upheld segregation. None of these established judicial review.