The landmark Supreme Court case that established the principle of judicial review was Marbury v. Madison in 1803.

This decision, written by Chief Justice John Marshall, asserted the court's authority to review acts of Congress and determine their constitution this case, William Marbury sought a Supreme Court order to compel Secretary of State James Madison to deliver his commission as a justice of the peace. Chief Justice John Marshall determined that although Marbury was entitled to his commission, the Court lacked the authority to issue the writ he requested because the law that conferred that power was unconstitutional. This decision affirmed the Supreme Court's ability to review and nullify laws that conflict with the Constitution, thereby solidifying the judiciary's status as a co-equal branch of government.