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The Power of the Courts ~ Marbury v. Madison, 1803
The people made the Constitution, and the people can unmake it.
It is the creature of their will, and lives only by their will.
Chief Justice John Marshall, 1821

Although most of the Framers of the Constitution anticipated that the Federal judiciary would be the weakest branch of Government, the U.S. Supreme Court has come to wield enormous power with decisions that have reached into the lives of every citizen and resolved some of the most dramatic confrontations in U.S. history. The word of the Supreme Court is final. Overturning its decisions often requires an amendment to the Constitution or a revision of Federal law.

The power of the Supreme Court has evolved over time, through a series of milestone court cases. One of the Court's most fundamental powers is judicial review–the power to judge the constitutionality of any act or law of the executive or legislative branch. Some of the Framers expected the Supreme Court to take on the role of determining the constitutionality of Congress's laws, but the Constitution did not explicitly assign it to the Court. Marbury v. Madison, the 1803 landmark Supreme Court case, established the power of judicial review. From the modest claim of William Marbury, who sought a low-paying appointment as a District of Columbia Justice of the Peace, emerged a Supreme Court decision that established one of the cornerstones of the American constitutional system.

Order served on Secretary of State James Madison by the U.S. Supreme Court, March 22, 1802 learn more...
John Marshall, oil painting (reproduction) by Rembrandt Peale, 1826 learn more...
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