How did John Marshall establish Judicial Review?

Question

How did John Marshall and the case Marbury vs Madison establish Judicial Review. I have researched the case and understand it but I just don't get how it established Judical Review.

Answer 1

I also do not understand it. What I read was that Marbury was one of the "midnight judges" of John Adams. John Adams appointed several federal judges. The only thing remaining was that they should be given their commissions as judges by the Secretary of State. On taking office, President Thomas Jefferson and his secretary of state James Madison refused to give the judges their commissions. Marbury sued. He lost. The reason, I was always told, was that although Marbury should have been given his commission, there was no law to compel the Jefferson administration to give it to him.

Answer 2

Well, without getting into too much detail, the case involved would-be appointee William Marbury's claim against James Madison who had refused to deliver a signed commission appointing him to federal office--Justice of the Peace or somesuch as I recall.

What Chief Justice Marshall said in the Court's ruling on the matter was that Marbury was probably entitled to the commission, but alas, the Court lacked authority to rule on the matter because the federal statute that granted the Court jurisdiction was constitutionally flawed.

This left President Jefferson, who despised Marshall incidentally, with a very uncomfortable choice. He could either accept the Court's ruling and continue to direct Madison to withhold the commission, or he could reject Marshall's opinion for the Court, and grant Marbury's claim.

In the end Jefferson really did neither, of course. He did not give Marbury his commission nor do he ever acknowledge the Court's right of judicial review. Indeed he railed against that claimed power by the Court for most of the rest of his days, even after leaving office as President. However, the end result was that by not giving Marbury his commission, his actions amounted to a de facto acknowledgement of Marshall's premise that the Court's inability to find for Marbury hinged upon it finding its jurisdictional authority constitutionally flawed, and hence establishing the Court's power of judicial review in a backhanded stroke.

Answer 3

It was for interpreting the Constitution. He thought that national supremacy should be greater than individual states to protect property.