Marbury Vs. Madison: The Foundation Of The Judicial System

“It is emphatically the province and duty of the judicial department to say what law is” (Marshall 1803).” Marbury v. Madison was the first Supreme Court decision ever to declare an act of Congress unconstitutional. This court case was vital to the American judicial system and is often regarded as the foundation of U.S. constitutional law. The decision in Marbury v. Madison had a beneficial impact on the judicial system because it granted the Supreme Court the power of judicial review, allowed the court to interpret the Constitution, and establish its own power over Congress and the President. Marbury v. Madison granted the Supreme Court the power of judicial review. Judicial review is when the Supreme Court or any judge reviews the constitutional validity of a legislative or executive act or order. Judicial review is still relevant and actively used today. Recently, U.S. District Judge James Robart blocked significant portions of President Donald Trump’s executive order on immigration from certain countries. In halting the implementation of an executive order he deemed unconstitutional, Robart was fulfilling the constitutional duties that comes from being a U.S. judge. Marbury v. Madison, even after almost two centuries, is still applicable today and provides the

Madison allowed the court to interpret the Constitution. In some cases, the Constitution is not always clear about certain issues, especially as time goes on. The court bears the responsibility for deciding which law applies, varying for different cases. This is referred to as judicial interpretation. Judicial interpretation has been used in many instances such as women’s voting rights and women’s abortion rights. The Founding Fathers, when writing this historical document, didn’t cover everything. American was founded on the fact that there should be more power in the people and less in government officials. Marbury v. Madison gives the court the final say in interpreting the