On the recordJuly 22, 2004
Marbury v. Madison is entirely consistent with H.R. 3313. It established the principle of judicial review and stands for the proposition that the Supreme Court has the final say on the issues it decides, provided either the issues it decides are within its original jurisdiction or Congress by statute has granted the Supreme Court the authority to hear the issue. It is that simple. If a case does not fall within the jurisdiction of the Federal courts because Congress has not granted the required jurisdiction, Federal courts simply cannot hear the case. The author of Marbury v. Madison was Chief Justice John Marshall, as was stated, and Chief Justice Marshall himself, after he decided that case, dismissed cases when the Federal courts had not been granted jurisdiction by Congress to hear them under the Judiciary Act of 1789.
Source
govinfo.gov
