Madison, legal case in which, on February 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review. The court’s opinion, was written by Chief Justice John Marshall.
Judicial review is the power of courts to decide the validity of acts of the legislative and executive branches of government. If the courts decides that a legislative act is unconstitutional, it is nullified. … The power was first asserted by Chief Justice John Marshall in 1803, in the case of Marbury vs. Madison.