Where the Rubber Hits the Road
On February 24, 1803, a landmark decision established the principle of judicial review, and it's profoundly relevant today.
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“If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.”
Marbury v. Madison, 5 U.S. 137. As decided February 24th, 1803.
In this issue: On February 24, 1803, the legal provision to ensure Congress and the President of the United States were acting constitutionally — known as judicial review — was decided in the landmark ruling, Marbury v. Madison. In this issue, I explain why it’s profoundly relevant today. Start your engines.
A Curve In The Road
Is this legal? That’s a question thousands of National Park Service workers who keep the 400 national park sites across the U.S. ready for public appreciation have been asking in the aftermath of the current administration’s actions.
Perhaps a more pointed question is this: if a law conflicts with the U.S. Constitution, what system of checks and balances applies? In Marbury v. Madison, the principle of judicial review introduced clear direction. If an act conflicted with the U.S. Constitution, though not technically yet a law, would the courts still be bound to upholding it in principle as if it were a law? The judiciary was tasked to make that determination, marking definitive boundaries between the jurisdictions of the executive, legislative, and judicial branches.
So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
If, then, the Courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the Legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.
Marbury v. Madison, 5 U.S. 178 (1803)
Citing the oath of office1, the decision concluded that the U.S. Constitution was more than foundational principles, it was actual law and, if any law or statute was found to be unconstitutional by the courts, any such law or statute would be rendered invalid.
A law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument.
Marbury v. Madison, 5 U.S. 180 (1803)
Marbury v. Madison is widely considered the most important decision in U.S. constitutional law and serves as a protective guardrail for the constituencies most affected by the current administration’s actions.
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Pit Stops
- gave her last show for The Reidout tonight. Thank you, Joy, for your excellence in educating everyday Americans about the facts. Your dedication to preserving the truth cannot be erased. Support on Substack for more of her reporting.
Jane Fonda, the fearless founder of
, received the SAG Life Achievement Award this weekend. Her speech is memorable. Tune-in here.
sums it all up beautifully in her latest.Force Multiplier is hosting a free community conversation on Tuesday, February 25th at 4PM PT/7PM ET with Courier Newsroom to help Democrats better understand right-wing media and messaging trends.
The African American Policy Forum is hosting a community discussion on Wednesday, February 26th at 4PM PT/7PM ET on how to resist the war on equal opportunity.
As always, thank you for coming along for the ride!
Stay the course,
Sam
, is a filmmaker, performer, and founder at Millennial Ethics, creating narrative solutions to complex issues.
Follow her work on Bluesky, Substack or Instagram.
Route 24, published twice weekly on Monday and Friday evenings, is a civic education project powered by Millennial Ethics Productions.
"I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States."
Oath of Office, Marbury v. Madison 5 U.S. 180 (1803)