Did the idea of “judicial review” originate with Marbury v. Madison? Does Marbury justify judicial supremacy?

Professor Randy Barnett posits that the idea of judicial review existed before Marbury although the term itself was coined much later in the 20th century. Professor Barnett explains that it has always been the job of the Supreme Court to uphold the Constitution when it is in conflict with a statute. This does not mean that the Court has supremacy over the other branches of government. The judgments rendered by the Court need to be respected, although the opinions of the individual justices do not carry the force of law.

Professor Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at the Georgetown University Law Center, where he teaches constitutional law and contracts and is director of the Georgetown Center for the Constitution.

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