A unique characteristic exercised by the U.S. judicial system, "judicial review," is not mentioned in the Constitution. It is, considered, however, a legitimate right permitting a court "to declare invalid and thus set aside legislation or executive action which has been deemed contrary" to the meaning or interpretation of the Constitution.The concept of judicial review was first developed in Marbury v. Madison (1803) in one of the Supreme Court's earliest and most celebrated cases, when William Marbury was appointed a justice of the peace by outgoing president, John Adams. Marbury had never received his commission, however, because of infighting between Adams and the new president, Thomas Jefferson. Marbury successfully petitioned the Supreme Court to issue a writ of mandamus, which forced government officials to perform their duties, even though they might disagree with the results.
In the unanimous decision by the Supreme Court, Chief Justice John Marshall laid the groundwork for the future authority of the Court by stating that the judicial branch of the government is responsible "to say what the law is.... This is the very essence of judicial duty." Although the Judiciary Act of 1789 had allowed the Court to issue writs of mandamus in the first place, the justices had previously considered them contradictory to the meaning of the Constitution.
Marbury v. Madison thus established an important function of the Supreme Court, as well as all other U.S. federal courts. Although Marbury v. Madison did not hold that the justices amend the law or the Constitution -- they could only interpret it -- the premise of judicial review gave the Court, and thus, the entire U.S. judicial system, much greater power.
-- Deborah M.S. Brown