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How is Marbury v. Madison an example of judicial activism?

In: US Constitution, US Supreme Court, Political Theory [Edit categories]

Answer:

Marbury v. Madison, 5 US 137 (1803)

Marbury vs Madison is activist in the way the court took action to say that the Constitution overrides laws passed by the congress (legislature). Therefore it turned down a request by Marbury to put him in as a Justice of the Peace because doing so would require the Courts to allow the Congress peremptory power over the Constitution. This was not allowed and is referred to as the start of judicial activism. However it is a complex case (Marbury vs Madison.)

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First answer by ID3463747248. Last edit by ID3463747248. Question popularity: 8 [recommend question].

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How is Marbury v. Madison an example of judicial activism?

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