Which 1803 case established power of courts to review acts of Congress and declare invalid those it found to be in conflict with the U.S. Constitution?

• A. Marbury v Madison
• B. McCulloch v Maryland
• C. Dred Scott v Sandford
• D. Brown v Board of Education

Answer: (A)

Judicial review—the authority of courts to interpret the Constitution and strike down laws or actions that conflict with it—is the key idea. In 1803, Marbury v Madison established this power for the Supreme Court. Chief Justice John Marshall argued that while Marbury had a right to his commission, the Court could not issue the writ of mandamus because the part of the Judiciary Act of 1789 that granted such power extended beyond what the Constitution allowed. By ruling that this provision was unconstitutional, the Court cemented the principle that the judiciary can review acts of Congress and nullify those that violate the Constitution. This set up the system of checks and balances where the courts serve as a check on legislative power. The other cases deal with different issues—federal supremacy and implied powers in McCulloch v Maryland, citizenship and slavery in Dred Scott v Sandford, and desegregation in Brown v Board of Education—so they don’t establish judicial review.