Which case established judicial review in the U.S. legal system?

• A. McCulloch v. Maryland
• B. Marbury v. Madison
• C. Gibbons v. Ogden
• D. Miranda v. Arizona

Answer: (B)

Judicial review is the power of the courts to interpret the Constitution and to strike down laws or government actions that conflict with it. Marbury v. Madison established this authority for the U.S. Supreme Court. In 1803, the Court held that the Constitution is the supreme law and that it is the Court’s role to say what the law is. The decision declared that a portion of the Judiciary Act of 1789 extended the Court’s original jurisdiction beyond what the Constitution permits, so it could not grant Marbury the writ he sought. By ruling that the Constitution takes precedence over acts of Congress, the Court asserted its power to review and invalidate federal laws or actions that violate the Constitution, creating the enduring principle of judicial review.

Other landmark cases touched on different federal powers or rights—McCulloch v. Maryland addressed federal supremacy over state laws, Gibbons v. Ogden dealt with interstate commerce regulation, and Miranda v. Arizona established warnings for suspects. None of these established the principle of judicial review itself.