1 janv. 1803 - Marbury v. Madison (1803)

Description:

- the court established its role as the arbiter of the constitutionality of federal laws
- the principle is known as judicial review
- this case was defined at every level by the political battles of the early 1800s between the Federalists, who were fighting to retain political power, and the Jeffersonian Republicans, who were fighting to consolidate it after their electoral victory
- fundamental question of the case: Was a law duly enacted by Congress, but inconsistent with the Constitution, valid?

- Marshall concluded that such a law was invalid, and that courts were the proper bodies for deciding whether a law and the Constitution were in conflict
- Marshall mirrored the language and logic of Federalist Paper No. 78, written by Alexander Hamilton in 1788

Ajouté au bande de temps:

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