Which case is the foundation for judicial review in the United States?

Which case is the foundation for judicial review in the United States?

• A. Marbury v. Madison (1803)
• B. United States v. Morrison (2000)
• C. Gitlow v. New York (1925)
• D. Printz v. United States (1997)

Answer: (A)

Judicial review—the power of courts to declare laws or actions unconstitutional and thus set aside those that conflict with the Constitution. This authority was established in Marbury v. Madison (1803). In that decision, the Court, led by Chief Justice John Marshall, held that while Marbury had a right to his commission, the Court could not issue the writ he sought because the statute granting that power went beyond what the Constitution permitted. More importantly, the ruling articulated that the Constitution is the supreme law and that it is the judiciary’s role to interpret it and strike down laws that conflict with it. That is the moment the practice of judicial review took root in the United States. The other cases address different constitutional questions. United States v. Morrison deals with the scope of Congress’s Commerce Clause power, Gitlow v. New York concerns incorporation of the First Amendment against the states, and Printz v. United States deals with federalism and the limits of federal commandeering state officials. None of these establish the foundational power of courts to review and strike down unconstitutional laws.

Judicial review—the power of courts to declare laws or actions unconstitutional and thus set aside those that conflict with the Constitution. This authority was established in Marbury v. Madison (1803). In that decision, the Court, led by Chief Justice John Marshall, held that while Marbury had a right to his commission, the Court could not issue the writ he sought because the statute granting that power went beyond what the Constitution permitted. More importantly, the ruling articulated that the Constitution is the supreme law and that it is the judiciary’s role to interpret it and strike down laws that conflict with it. That is the moment the practice of judicial review took root in the United States.

The other cases address different constitutional questions. United States v. Morrison deals with the scope of Congress’s Commerce Clause power, Gitlow v. New York concerns incorporation of the First Amendment against the states, and Printz v. United States deals with federalism and the limits of federal commandeering state officials. None of these establish the foundational power of courts to review and strike down unconstitutional laws.