John Adams appointed new judges called “midnight judges;” since they were appointed in his last days in office. In the election of 1800 many federalists lost many positions. Marbury was one of Adams “midnight judges” and he never received his commission, or papers from the secretary of state. James Madison was the assistant of Thomas Jefferson, the new president, who won the 1801 election against John Adams. By Thomas Jefferson being a republican, he wanted to prevent the federalist from becoming justices of the peace. Therefore Jefferson instructed his secretary of state whom was James Madison to refuse the appointments. They passed a law of the Judiciary Act of 1801 in extension of the Judiciary Act of 1789. The judicial review was the concept of to strike down a law. The issue was that Marbury had been appointed a position as a justice of the peace on the last day of the president term. It was signed, sealed but never delivered. Therefore this caused Marbury to sue Madison, which was brought to the Supreme
John Adams appointed new judges called “midnight judges;” since they were appointed in his last days in office. In the election of 1800 many federalists lost many positions. Marbury was one of Adams “midnight judges” and he never received his commission, or papers from the secretary of state. James Madison was the assistant of Thomas Jefferson, the new president, who won the 1801 election against John Adams. By Thomas Jefferson being a republican, he wanted to prevent the federalist from becoming justices of the peace. Therefore Jefferson instructed his secretary of state whom was James Madison to refuse the appointments. They passed a law of the Judiciary Act of 1801 in extension of the Judiciary Act of 1789. The judicial review was the concept of to strike down a law. The issue was that Marbury had been appointed a position as a justice of the peace on the last day of the president term. It was signed, sealed but never delivered. Therefore this caused Marbury to sue Madison, which was brought to the Supreme