Marbury v. Madison (1803) is best known for establishing which principle?

• A. It affirmed Congress's power to create new courts.
• B. It established judicial review and addressed the delivery of commissions.
• C. It limited the Supreme Court's power to hear cases.
• D. It granted the President power to appoint commissions unilaterally.

Answer: (B)

Judicial review—the power of the Supreme Court to examine laws and government actions and strike them down if they conflict with the Constitution—is the central idea here. Marbury v. Madison is famous because it established that the courts have this authority, creating a foundational check on the other branches.

The case also deals with the delivery of commissions. Marbury had a rightful appointment, but his commission had not been delivered, and he sought a writ of mandamus to compel Madison to deliver it. The Court held that while Marbury was entitled to the commission, the specific mechanism he sought—the writ issued by the Supreme Court under a provision of the Judiciary Act—went beyond what the Constitution permits for the Court’s jurisdiction. That part of the act was unconstitutional, so the Court could not grant the remedy, but the decision nonetheless established the principle of judicial review.

So the best answer highlights both establishing judicial review and addressing the delivery of commissions. The other options describe aspects that aren’t the landmark takeaway of this case.