Chef Justice John Marshall wrote, “a law repugnant to the constitution is void” in his landmark decision on this case
On the December 11, 2025 episode of Jeopardy!, the Final Jeopardy category was “The Supreme Court.” The clue challenged contestants to recall a historic phrase penned by Chief Justice John Marshall: “a law repugnant to the constitution is void.” This powerful statement appears in the landmark Supreme Court ruling that fundamentally shaped the American legal system. The correct response, in true Jeopardy! format, was:
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What is Marbury v. Madison?
Decided in 1803, Marbury v. Madison is one of the most important cases in U.S. legal history. The decision, authored by Chief Justice John Marshall, established the principle of judicial review, giving the federal courts the authority to declare laws unconstitutional. The case arose from a political dispute involving the last-minute judicial appointments made by President John Adams before Thomas Jefferson assumed office.
William Marbury, one of those appointees, had not received his official commission by the time Jefferson took office. Jefferson’s Secretary of State, James Madison, refused to deliver it. Marbury petitioned the Supreme Court for a writ of mandamus—an order compelling Madison to act. Although the Court found that Marbury had a right to the commission, Marshall ruled that the law enabling the Court to issue such a writ—the Judiciary Act of 1789—was unconstitutional. This marked the first time the Supreme Court struck down a law passed by Congress.
Marshall’s Defining Statement on Constitutional Supremacy
Chief Justice Marshall’s opinion in Marbury v. Madison includes the now-famous declaration: “a law repugnant to the constitution is void.” With these words, the Court asserted that the Constitution holds supremacy over all legislative acts. If a law conflicts with the Constitution, Marshall reasoned, it is the duty of the judiciary to refuse to enforce it.
This ruling did not merely resolve the specific conflict between Marbury and Madison—it set a precedent that would empower the judiciary for centuries to come. By positioning the courts as guardians of the Constitution, the case defined the separation of powers and strengthened the system of checks and balances at the heart of American democracy.
Political Tension and Legal Innovation
The background of Marbury v. Madison is rooted in the intense political rivalry between the outgoing Federalist administration and the incoming Democratic-Republican leadership. The “Midnight Judges” controversy, in which Federalists attempted to fill judiciary seats with loyalists before leaving power, set the stage for the case. Jefferson and Madison viewed these last-minute appointments as illegitimate, refusing to recognize them.
Marshall, himself a Federalist, crafted a decision that, while denying Marbury his commission, reinforced the role and power of the judiciary. The brilliance of the opinion lay in its political subtlety—Marshall avoided a direct clash with Jefferson while quietly asserting a new power for the Court. It was a move that preserved the Court’s independence and laid the foundation for its future authority.
Enduring Impact on the American Legal System
The principle of judicial review, established in Marbury v. Madison, remains a cornerstone of American constitutional law. It has enabled courts to strike down laws on grounds ranging from civil rights violations to overreaches in executive authority. Although the Constitution does not explicitly grant this power to the judiciary, Marshall’s reasoning in Marbury has endured as a guiding doctrine.
Subsequent landmark rulings—from Brown v. Board of Education to Roe v. Wade and beyond—have all depended on the power of judicial review. By declaring that laws contrary to the Constitution must be voided, the Supreme Court has acted as a key arbiter in American governance, with Marbury v. Madison as the case that started it all.
Legacy of Chief Justice John Marshall
John Marshall served as Chief Justice from 1801 to 1835, the longest tenure in Supreme Court history. Through decisions like Marbury v. Madison, he transformed the judiciary into a co-equal branch of government. His writing combined legal reasoning with statesmanship, ensuring the Court’s survival and influence during the early, fragile years of the republic.
Marshall’s legacy lives on not only in law textbooks but in the daily operations of American government. His assertion that “a law repugnant to the constitution is void” continues to resonate in courtrooms and legal arguments to this day. Marbury v. Madison stands as a testament to the enduring power of the judiciary and the foundational importance of constitutional principles in the United States.
