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.