Marbury v. Madison

The Court held that it is the province of the judicial department to say what the law is, establishing the power of judicial review.

Overview

William Marbury petitioned for a writ of mandamus after his midnight judicial commission went undelivered by the incoming Jefferson administration. Writing for a unanimous Court, Chief Justice John Marshall held that Marbury was entitled to his commission but that the statute granting the Court original jurisdiction to issue such writs exceeded Article III and was void. By striking down a section of the Judiciary Act of 1789, the Court asserted authority to invalidate acts of Congress that conflict with the Constitution. The decision transformed the judiciary into an equal constitutional actor and remains the foundation of American constitutional law.