Required caseJudicial Review

Marbury v. Madison

1803·Unit 1: Foundations of American Democracy

Established judicial review by holding that the Supreme Court may declare acts of Congress unconstitutional.

Practice the comparison FRQRead the brief
Decided
1803
Clause at issue
Article III (Judicial Power)
Course unit
Unit 1
Case number
1 of 14

Case brief

The three pieces every AP answer about this case should get right.

  1. 1

    The facts

    William Marbury sued Secretary of State James Madison to deliver his judicial commission after a last-minute appointment by outgoing President John Adams.

  2. 2

    The constitutional question

    Did the Supreme Court have the authority to order Madison to deliver the commission, and could the Court strike down a federal law that conflicted with the Constitution?

  3. 3

    The holding

    The Court ruled that Marbury was entitled to his commission but could not receive it through the Court because the provision of the Judiciary Act of 1789 expanding original jurisdiction was unconstitutional.

Why it matters

  • Article III defines the Court’s original jurisdiction; Congress cannot expand it by statute.
  • When a law conflicts with the Constitution, the Constitution must prevail.
  • The judiciary has the duty to say what the law is — the foundation of judicial review.

Check yourself

Three questions on Marbury v. Madison: the holding, a common mix-up, and how it differs from another required case.

Question 1 of 3

In Marbury v. Madison (1803), the Supreme Court held that a section of the Judiciary Act of 1789 was unconstitutional because it

SCOTUS comparison FRQ

Can you connect Marbury v. Madison to a case you’ve never seen?

The exam hands you an unfamiliar case and asks how it relates to a required one. Practice that here: name the shared principle, state the holding, and explain the connection.

Start the comparison

You’ll compare it with

Cooper v. Aaron (1958)

Three parts

  1. A. Identify the shared principle
  2. B. Describe the required case
  3. C. Explain the connection

Frequently asked questions

Did Marbury get the commission the Court said he was owed?

No. The Court agreed that withholding the signed commission was illegal, then refused to order Madison to hand it over. The statute Marbury used to bring the case in the Supreme Court expanded the Court’s original jurisdiction past Article III, so that part of the Judiciary Act of 1789 could not be enforced.

What power does this case create for the exam?

Judicial review of a federal law. Marshall treated it as the Court’s job to set aside a statute when it conflicts with the Constitution. Later comparison prompts about a court checking another branch usually start here.

Which part of the Constitution is the conflict about?

Article III’s list of original-jurisdiction cases. Congress can shape the Court’s appellate docket. It cannot add brand-new original-jurisdiction cases by statute.

How is Marbury different from a case that only applies an older ruling?

Marbury is the source of the power, not a later use of it. When a prompt asks why a state has to follow a Supreme Court reading of the Constitution, the authority being applied traces back to this holding.

The other required cases