Marbury v. Madison (1803) is the landmark case that established which power?

• A. The power of judicial review
• B. The power of the President to veto
• C. The power of the Supreme Court to appoint justices
• D. The power of Congress to tax

Answer: (A)

The main idea this question tests is the ability of the courts to review laws and actions for constitutional compatibility. In Marbury v. Madison, the Supreme Court established judicial review—the power to declare acts of Congress or executive actions unconstitutional. The decision held that while Marbury had a right to his commission, the portion of the Judiciary Act that expanded the Court’s power to issue writs of mandamus went beyond what the Constitution permits. By striking down that part of the Act, the Court asserted its role as the interpreter of the Constitution and the guardian of constitutional limits, creating a crucial check on both the legislative and the executive branches.

This power is distinct from the President’s veto, the process for appointing justices, or Congress’s power to tax, which belong to other branches or structures of government. Judicial review remains the mechanism by which the judiciary can ensure laws and actions conform to the Constitution.