On Friday, Ryan Walters discussed his article No, Marbury V. Madison Did Not Say The Supreme Court Gets Final Say On Constitutionality on the Mike & Vince show on WLCR AM in Kentucky.

Walters argues that in the Marbury v. Madison decision in 1803 the court didn’t assume final authority on the constitutionality of a federal action, but stated they had a similar responsibility as the other two more powerful branches of government.  He makes the case the Supreme Court did not assume a superior power to the other two branches until the Cooper v Aaron decision in 1958.

Walters also points out the power of judicial review did not originate in Chief Justice John Marshall’s ruling in the Marbury v Madison, but from Alexander Hamilton in Federalist 78.

Walters states “The judiciary does not possess a greater power when constitutional questions arise between branches, no matter what a majority of Supreme Court justices may say. As Thomas Jefferson noted in a letter to William Jarvis, ‘to consider judges as the ultimate arbiters of all constitutional questions…would place us under the despotism of an oligarchy.’ ”

You can listen to the full interview below:


Ryan Walters teaches A.P. History courses at McAlester High School in McAlester, Okla.  His writings appear at American Thinker, The Federalist, The Liberty Bell Online, and Article V Project to Restore Liberty.  He can be reached by email at ryanwalters37@gmail.com or on Twitter at @ryanmwalters.

Other articles from Ryan Walters


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