Which court case established the principle of Judicial Review allowing the Supreme Court to declare acts unconstitutional?

• A. War of 1812
• B. XYZ Affair
• C. Alien and Sedition Acts
• D. Marbury v Madison

Answer: (D)

Judicial review is the power of the courts to examine laws and government actions to ensure they follow the Constitution. In the 1803 case Marbury v Madison, the Supreme Court, led by Chief Justice John Marshall, established this power for the Court. The ruling held that while Marbury had a right to his commission, the Court could not grant the writ because the portion of the Judiciary Act of 1789 that would have extended the Court’s original jurisdiction was unconstitutional, since it went beyond what the Constitution allowed. By declaring that a law conflicting with the Constitution is invalid, the Court cemented its role as a check on the legislative and executive branches. The other events—set in different contexts such as war, diplomacy, or restrictions on speech—do not establish the authority of the judiciary to strike down laws; Marbury v Madison is the landmark that created that power.