What is the definition of 'Judicial Review' as established by the Marshall Court?
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Correct answer: The power of the federal courts to declare legislative or executive acts unconstitutional
Judicial review is the principle that the judicial branch has the authority to examine the actions of the legislative and executive branches and invalidate them if they violate the Constitution. This established the Constitution as the 'supreme law of the land' that courts must follow.
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More Marbury v. Madison questions
- Why did James Madison, as Secretary of State, refuse to deliver William Marbury's commission?
- Which article of the U.S. Constitution did John Marshall cite to argue that the Constitution is superior to ordinary acts of Congress?
- What was the Supreme Court's final ruling regarding William Marbury's right to his commission?
- Which legal principle suggests that it is 'emphatically the province and duty of the judicial department to say what the law is'?
- Marbury v. Madison is often cited as a critical example of which constitutional concept in action?
- What would have been the likely outcome if the Supreme Court had ordered Madison to deliver the commission?