The Duty to Say What the Law Is

National Review

by Sara Albrecht

February 24, 2026

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February 24 marks the anniversary of Marbury v. Madison, a landmark Supreme Court decision that established the principle of judicial review in American constitutional law. In this case, Chief Justice John Marshall emphasized the judiciary's duty to interpret and enforce the law, stating, "It is emphatically the province and duty of the judicial department to say what the law is." This assertion underscored the importance of an independent judiciary in maintaining the balance of power between the branches of government. The decision in Marbury v. Madison was not an expansion of judicial authority but rather a reaffirmation of constitutional principles. Marshall made clear that without judicial oversight, Congress and the executive branch could overstep their constitutional boundaries, rendering structural limits on government as mere suggestions. This case solidified the idea that the written Constitution requires active enforcement to remain effective. The anniversary of Marbury v. Madison serves as a reminder of the fragility of constitutional governance. The decision ensured that the judiciary acts as a check against potential overreach by other branches, preserving the integrity of the constitutional framework. As the article notes, this principle remains relevant today, particularly in discussions about the limits of federal power and the role of an independent judiciary. For readers interested in politics and constitutional law, understanding the legacy of Marbury v. Madison is crucial. It highlights the enduring importance of judicial review in maintaining the balance of power and upholding the rule of law. The case also underscores the idea that constitutional governance requires active defense by all branches of government, ensuring that no single branch becomes dominant or unaccountable. In conclusion, the anniversary of Marbury v. Madison offers a valuable opportunity to reflect on the principles that underpin American constitutional democracy. The decision not only shaped the role of the judiciary but also reinforced the idea that constitutional structures must be defended to remain effective. As the article reminds us, this principle remains as vital today as it was over two centuries ago.

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Originally published on National Review on 2/24/2026