The Judiciary Act Of 1789

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The Judiciary Act of 1789 established the Supreme Court, and with it, the notable power to deem federal laws unconstitutional. This Act was brought to light again in 1803, in the case of Marbury v. Madison. Judges were appointed by Federalist John Adams in his last moments of presidency, but Democrat-Republican Thomas Jefferson disagreed with them. Though the “midnight judges” had been confirmed by the Senate -- with prepared commissions -- President Jefferson ordered Secretary of State James Madison to not deliver the commissions. These “midnight judges” followed by sueing Madison in the Supreme Court, citing his position as the Secretary of State in arguing that he was neglecting his Constitutional duty by failing to deliver their commissions.

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