Glossary

Marbury v. Madison

The 1803 Supreme Court decision that established the principle of judicial review of federal law.

Also called: Marbury, Marbury v. Madison (1803)

Marbury v. Madison (1803) is the foundational case of American constitutional law. William Marbury had been appointed a justice of the peace by outgoing President John Adams, but Secretary of State James Madison, serving under the new President Thomas Jefferson, did not deliver his commission. Marbury asked the Supreme Court to order delivery under a provision of the Judiciary Act of 1789.

Chief Justice John Marshall's opinion found that Marbury had a right to the commission but that the part of the Judiciary Act giving the Court original jurisdiction over such a request conflicted with Article III, which sets the Court's original jurisdiction. Because the Constitution is supreme, he wrote, the Court must follow it over the statute. The Court thus avoided a direct clash with Jefferson while claiming a larger power: judicial review.

The decision's reasoning is widely accepted, though some scholars argue the Constitution does not settle that the Court's view binds other branches. Political figures from Jefferson to Abraham Lincoln questioned judicial supremacy. Today the case anchors debates about the proper reach of courts within separation of powers and checks and balances.

Last reviewed November 8, 2026

In the index now

Related terms

Judicial review The power of courts to strike down laws and government actions that conflict with the Constitution. Separation of powers The constitutional division of government into legislative, executive and judicial branches, each with its own distinct powers. Checks and balances The constitutional design giving each branch of government ways to limit the others, so that no branch dominates. Writ of certiorari The order by which the Supreme Court agrees to review a lower court's decision, granted at the justices' discretion.