In November of 1800, John Adams, a member of the Federalist Party, lost a bidding for the reelection of Thomas Jefferson, a Republican, as the president of the United States. The Federalists also lost their control over Congress during the election. Although a few months before the newly elected president took office, John Adams and his Federalist party still had control over Congress. During those months, …show more content…
Jefferson also learned that not all of the commissions for the judges had been delivered. After hearing this information, the new president ordered his Secretary of State, James Madison to deny the delivery of the commissions. Realizing that he would not be receiving his position as justice of the peace, William Marbury went to the Supreme Court and tried to obtain his commission. He told the Court to order Madison to give him his job. The Supreme Court had the power to issue such an order because of the Judiciary Act of 1789, which created the judicial branch of the federal government. The act provided the number of members of the Supreme Court, the number of lower districts, it introduced the idea that the Supreme Court can settle disputes between states, and the idea that a decision made by the Court is absolutely final.
A unanimous decision was made, and written by Justice Marshall, the Court declared that Marbury and the other judges did have a right to their commission. The Court also declared that the Judiciary Act of 1789 was unconstitutional, therefore, Congress could not grant the Supreme Court the power to give Marbury his commission. Thus, the Supreme Court was not able to make Madison appoint Marbury as a justice of the