Judicial review and the Supreme Court's power in Marbury v. Madison

Marbury Decision

The decision by Chief Justice Marshall in the Marbury vs. Madison decision was a groundbreaking decision giving power to Supreme Court. In the decision, Chief Justice Marshall specified that, "The judicial power of the United States is extended to all cases arising under the constitution." This meant that the Supreme Court would have the right to deem actions by the executive or legislative unconstitutional. Chief Justice Marshall grounds his decision that affirms judicial review of federal legislation in the fact that he believes the Constitution must be followed. He believes that it is "the province and duty of the judicial department to say what the law is," thus reflecting on the power of the courts he believes they should have. This is, according to Marshall, because the Constitution is written so that laws should not contradict each other- meaning laws should not violate the Constitution. If they do, there must be a resolution, and this is where the Courts must come into play. "The court must determine which of these conflicting rules governs the case," according to the Constitution, because the Constitution, to Marshall, is the most important piece of legislation and must govern the case brought to the Courts. He believes that those who oppose the Constitution's authority imply that the Courts should make their decision with their eyes closed to the most important law, that being the Constitution, and thus by focusing only on the law in question the courts would be subverting "very foundation of all written constitutions." According to the Marbury decision, this right is broad. Chief Justice Marshall uses the Marbury decision to make a landmark case on the power of the courts, and does so based not on specific articles within the Constitution, but on his perception of what his belief and perception of the power of the Courts and thus the Constitution should be. He believes that the character of the Constitution in this case is defining the right of the Supreme Court to judicially review federal legislation which thus means that it is a broad right. It is not strictly defined, but rather is a general right to ensure that the Constitution is followed above all other laws. Chief Justice Marshall refers to very broad terms, such as the duty of the courts, thus reflecting on the broad based nature of the right.