Obama statement April 2012 Mr. Obama said a decision by the nation's top court to throw out the law would be unprecedented and precisely the kind of action that many conservatives for years have criticized as overreaching "judicial activism." "Ultimately I am confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress," Significance of Marbury v. Madison: (1803) This historic court case established the concept of Judicial Review or the ability of the Judiciary Branch to declare a law unconstitutional. This case brought the Judicial Branch of the government on a more even power basis with the Legislative and Executive Branches. The Founding Fathers expected the branches of government to act as checks and balances on each other. The historic court case Marbury v. Madison accomplished this end thereby setting the precedent for numerous historic decisions in the future. Apparently the former "law professor" did not take Civics I in high school.