This power did not emerge from a vacuum; it is the product of intense philosophical debate, strategic political maneuvering, and a landmark judicial decision that forever altered the trajectory of constitutional governance. Madison: The Foundational Case The power of judicial review was definitively established in the United States by the Supreme Court's decision in Marbury v.
Constitutional Supremacy and the Origin of Judicial Review
William Marbury, one of the appointees, petitioned the Supreme Court to issue a writ of mandamus to compel Madison to act. If a legislature passed a law that violated the fundamental purpose of that contract, it could be argued that the law was void ab initio, or void from the beginning.
Article III, which defines the Supreme Court's jurisdiction, does not explicitly grant it the power to issue writs of mandamus in such cases. Therefore, Marshall declared that the Judiciary Act's provision allowing it was void.
The Genesis of Constitutional Supremacy and Judicial Review
Thinkers like John Locke argued that government derived its power from the consent of the governed and was bound by a social contract. Yet, it stands as one of the most defining and controversial features of American government.
More About Where did the power of judicial review come from
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