MARBURY V. MADISON: THE ART OF JOHN MARSHALL

Abstract

The precedent-setting decision Marbury v. Madison rendered by the supreme court of the U.S. in 1803 determined the future of the entire American judiciary (and not only). It is an outstanding example of judicial art by a savvy politician and experienced lawyer, Jon Marshall. The reasoning given by Justice Marshall in it became the ground for establishing a model of constitutional review in the United States and later in the rest of the world. By the decision, it was firstly determined that a court could nullify a law of Congress. It is also important to note the role of the decision in setting the Judiciary as an independent and equal branch of the government together with executive and legislative branches and establishing the principle of separation of powers. This article examines all the important aspects of the reasoning presented by John Marshall – “Judge Hercules” and to determine which method of resolving a hard case the judge uses.