Did you know? In the case Marbury v. Madison, issued Feb. 24, 1803, the Supreme Court of the United States first struck down a law as unconstitutional, establishing a precedent that would allow the Court to play an increasingly powerful role over American society. LEARN MORE.
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I like Marbury v. Madison, especially Marshall’s opinion. But I do not think it sets the precedent that people assume it does. If you read Marshall’s opinion, he is clearly establishing the precedent that the Constitution is the final authority. Today the assumption is that Marbury v. Madison established the precedent that the Supreme Court is the final authority.
Marbury v. Madison directly refutes so-called “stare decisis” since it is taking the Constitution to be authoritative and not previous precedents.
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