Marbury v. Madison 1803

Can the Supreme Court refuse to apply an act of Congress that conflicts with the Constitution?

5 U.S. 137 (1803)Judicial power
The question
Can the Supreme Court refuse to apply an act of Congress that conflicts with the Constitution?
What the Court held
Yes. A law repugnant to the Constitution is void, and it is the duty of the courts to say what the law is. The Court held part of the Judiciary Act of 1789 unconstitutional.
The vote
4–0

This page summarizes the Court’s judgment in neutral terms. The opinion, concurrences and dissents are the authority; read them for the reasoning.

Where the question came from. The events behind it.

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