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Marbury v. Madison and Judicial Review In his decision in the landmark case, Marbury v. Madison (1803), Chief Justice of the US Supreme Court, John Marshall, first established the principle of substantive judicial review in the American Legal System. This establishment was a break from established English Common Law upon which our American system was mostly based, so its radicalism needed to be justified in the unique context of the new United States, especially in the hostile political climate which prevailed at the time of the ruling. The legal action which established substantive judicial review was the ruling by the court that Section 13 of the Judiciary Act of 1789 was unconstitutional because it overreached constitutional limitations on court jurisdiction. He put forth several arguments arising out of constitutional language, oaths of public officials, and other sources. Some of these arguments have questionable merit while others are more solid. First, Marshall argued...

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