Marshall then took it a step further and declared part of the Judiciary Act of 1789 unconstitutional.
The main issue in Marbury v. Madison is whether the Supreme Court has the power to interpret the constitutionality of a law passed by congress, under Article III, Section 2 of the United States Constitution. Article III, Section 2 of the United States Constitution deals with the Judiciary Branch and Jurisdiction under clause one; Scope of Judicial Power:.
The judicial power shall extend to all cases, in law and equity, arising under the .
constitution, the laws of the United States, and treaties made, or which shall be .
made, under their authority; to all cases affecting ambassadors, other public .
ministers and consuls;-to all cases of amorality and maritime jurisdiction; to .
controversies between two or more states; between citizens of different states; .
between citizens of the same state claiming lands under grants of different states, .
and between a state, or the citizen thereof, and foreign states, citizens, or subjects. .
(United 3).
Article III, Section 2 of the United States Constitution also deals with clause two, the Supreme Court:.
In all cases affecting ambassadors, other public ministers and consuls, and those in .
which a state shall be a party, the Supreme Court shall have original jurisdiction. In .
all the other cases before mentioned, the Supreme Court shall have appellate .
jurisdiction, both as to law and fact, with such exceptions, and under such .
regulations as the congress shall make.(3).
Marshalls ruling of Marbury v. Madison and then declaring the Judiciary Act of 1789 was a landmark in the history of the Supreme Court. It established the power of judical review and made it constitutional. Judicial review allows federal courts to review state laws and court decisions to ensure they are constitutional along with laws passed by Congress.
