Supreme Court Decision: Marbury v. Madison in 1803
Living Democracy By Don Gillette Article III section 2 of the U.S. Constitution does not give the Supreme Court explicit authority to declare laws and governmental action unconstitutional. The Judiciary Act of 1789, passed by the first U.S. Congress, established the structure and jurisdiction of the federal court system. One specific part, Section 13, became the center of a legal challenge that ultimately defined the authority of the Supreme Court. Section 13 of the Judiciary Act of 1789 outlined the Supreme Court’s jurisdiction and its authority to hear cases. The act specified ...