The United States Supreme Court: The Importance of Marbury v. Madison

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The United States Supreme Court was established in Article III of the Constitution. However, it officially was founded with the passing of The Judiciary Act of 1789 that was signed by President George Washington. According to History, the Supreme Court originally had six justices, with John Jay as the first chief justice. Today, the court has grown to include nine justices, and the current chief justice is John Roberts. While the Court has been around since 1789, the current Supreme Court would not have the extent of power it exercises today until the decision of the case Marbury v. Madison.

In the majority opinion, Cheif Justice John Marshall established judicial review. According to the Cornell Law School Legal Information Institute, judicial review is the principle "that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judiciary." Essentially, this means the United States Supreme Court has the ability to strike down an act of Congress or an act of the president as unconstitutional; thus, making the action illegal.

Under judicial review, three main standards of review may be used by the Supreme Court to determine the constitutionality of an action: strict scrutiny, intermediate scrutiny, and rational basis. Strict scrutiny is considered the "highest standard of review," and it is used in cases dealing with discrimination. Intermediate scrutiny is utilized when the government "passes a statute which negatively affects certain protected classes." Intermediate scrutiny is a relatively difficult standard to meet; however, it is easier than strict scrutiny. The final and the easiest standard to meet is the rational basis test, which is used when "no fundamental rights" are in question.

Clearly, the case of Marbury v. Madison has had major implications on the United States Supreme Court. Without this monumental case and the creation of judicial review, the Court would have nowhere near the amount of power it does today.