John Marshall and the ‘Province’ of the Judicial Branch

Chief Justice John Marshall, oil on canvas painting by Rembrandt Peale, 1834. Public Domain

Commentary

The Supreme Court’s ruling in Marbury v. Madison (1803) has long been recognized for its important articulation of the constitutional doctrine of judicial review. Chief Justice John Marshall’s opinion famously identified a section of the 1789 Judiciary Act to be contrary to the judicial powers prescribed by the Constitution. Accordingly, he asserted the Supreme Court’s authority to set aside federal laws deemed unconstitutional.