Three Questions Before a Ruling

Your starting point

Explain judicial review through Marbury and distinguish it from a policy vote or constitutional amendment.

Judicial review is the authority of courts to examine whether government action is consistent with the Constitution in a case they can decide. It differs from a legislature voting on whether a policy is desirable. A court must consider the legal question, relevant facts, applicable law, and its jurisdiction. A public controversy alone does not mean every court can decide it in any form or at any time.

Marbury v. Madison in 1803 involved an undelivered commission for William Marbury’s appointment as a justice of the peace. Chief Justice John Marshall’s opinion reasoned that Marbury had a right to the commission, but the Supreme Court could not issue the requested order under the original-jurisdiction arrangement presented. The Court held that the relevant statutory expansion of its original jurisdiction conflicted with Article III. This made the case important for judicial review even though Marbury did not obtain the order he sought from that Court.

Your review desk contains a historical file and a fictional dispute about a government rule. You will identify the question a court can answer, select relevant records, and separate a constitutional holding from a claim that judges can rewrite any policy they dislike. The exercise emphasizes reasoning and limits. It does not ask students to predict the outcome of an ongoing case or provide legal advice.

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