Get all your news in one place.
100's of premium titles.
One app.
Start reading
Reason
Reason
Damon Root

No, SCOTUS Did Not 'Invent' Judicial Review in Marbury v. Madison

You may have heard that the U.S. Supreme Court "invented" the power of judicial review in a case called Marbury v. Madison (1803).

If you're on the political left, you may have heard it from someone like New York Times columnist Jamelle Bouie, who once argued that judicial review "wasn't enumerated in the Constitution and isn't inherent in the [Supreme Court] as an institution." For Bouie, that meant the idea of abolishing judicial review was a no-brainer in the fight against "judges nominated by [President Donald] Trump."

Sign up to read this article
Read news from 100's of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.