1789
Judiciary Act of 1789
Congress establishes the federal court system and sets the Supreme Court at six Justices.
Source: National Archives
Marbury v. Madison 1803
Can the Supreme Court refuse to apply an act of Congress that conflicts with the Constitution?
5 U.S. 137 (1803)Judicial power
- The question
- Can the Supreme Court refuse to apply an act of Congress that conflicts with the Constitution?
- What the Court held
- Yes. A law repugnant to the Constitution is void, and it is the duty of the courts to say what the law is. The Court held part of the Judiciary Act of 1789 unconstitutional.
- The vote
- 4–0
- Read the opinion
- 5 U.S. 137 (1803), full text
This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.