In this episode of Dave Does History on Bill Mick Live, we take a hard look at one of the most important Supreme Court cases in American history—Marbury v. Madison. You might remember our recent discussion about the Election of 1800 and John Adams’ infamous “Midnight Judges.” Well, this is the moment when that political showdown reached its explosive conclusion, and the Supreme Court emerged with a new, game-changing power: judicial review.

Chief Justice John Marshall didn’t just decide whether William Marbury got his job—he redefined the power of the Supreme Court itself. With a legal sleight of hand, Marshall ruled that a part of the Judiciary Act of 1789 was unconstitutional, marking the first time the Court struck down a law passed by Congress. This decision set the precedent that allows the Supreme Court to determine what laws stand and what laws fall.

Fast forward to today, and judicial review remains one of the most debated aspects of American government. From Dred Scott to Brown v. Board of Education, Roe v. Wade to Dobbs v. Jackson, the Supreme Court has used this power to reshape American society—for better or worse.

So, who really runs the government? The people? Congress? The President? Or nine unelected judges? We’ll break it all down and explore why Marbury v. Madison still matters right now. Tune in for history, controversy, and a few surprises along the way.