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defined cases. The power to issue a writ of mandamus is not mentioned in Article III%u2019s discussion of original jurisdiction. Therefore, the Court did not have the power to give Marbury the remedy he sought. In the end, William Marbury and his fellow job seekers never received their commissions.Marshall held that the part of the Judiciary Act that tried to give the Supreme Court the power to issue a writ of mandamus was in violation of the Constitution and, therefore, invalid: %u201ca law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument.%u201d53 In this statement, Marshall established that the Supreme Court has the power of judicial review, which is the authority of a court to strike down a law passed by Congress or an executive action if it conflicts with the Constitution.The Implications of Marshall%u2019s DecisionIn establishing the power of judicial review, Marshall expanded the Court%u2019s power to interpret the Constitution. In exercising judicial review, according to Marshall%u2019s logic, the Court does not place itself above the other two branches; it is coequal to them, and the Constitution is supreme to all three.Marshall did not invent the idea of judicial review. He drew on constitutional principles that were already understood.54 In Federalist No. 78, Alexander Hamilton had discussed the ability of the courts to %u201cpronounce legislative acts void%u201d as necessary to preserving the Constitution. Hamilton also made it clear that %u201cwhenever a particular statute contravenes the constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former.%u201d Yet Hamilton cautioned, %u201cNor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both.%u201d55John Marshall helped establish the judiciary as a coequal branch of government. In an interview, Supreme Court Justice Amy Coney Barrett was asked, if she could have a conversation with any Supreme Court Justice, whom she would choose. She replied that John Marshall %u201cestablished an independent judiciary when he navigated through . . . stressful and partisan times, that would be something worth hearing about.%u201d56judicial reviewthe authority of the Supreme Court to strike down a law or an executive action if it conflicts with the Constitution.Marbury v. Madison is a required case. Make sure you understand its importance, because judicial review is an important check by the judiciary on the legislative and executive branches and is likely to appear on the AP%u00ae%u00a0Exam.AP%u00ae TIP6.2 Define judicial review and explain how John Marshall expanded the power of the Supreme Court.REMEMBER %u2022 In Marbury v. Madison, Chief Justice Marshall found that part of the law that Marbury was basing his claim on, the Federal Judiciary Act of 1789, was unconstitutional and thus unenforceable.%u2022 Marbury v. Madison established the power of judicial review, which is the power to review laws and actions of other branches and levels of government and overturn them if they conflict with the Constitution.KNOW %u2022 Marbury v. Madison (1803): the Supreme Court decision that established judicial review over federal laws. (p. 194)%u2022 judicial revie the authority of the Supreme Court to strike down a law or an executive action if it conflicts with the Constitution. (p. 195)THINK %u2022 How does the power of judicial review make the Supreme Court a coequal branch of government?%u2022 Did the Supreme Court overstep its bounds in assuming the power of judicial review?Section Review6.2 %u2022 John Marshall and the Power of the Supreme Court 195%u00a9 Bedford, Freeman & Worth Publishers. For review purposes only. Do not distribute.