John Adams lost the election to Thomas Jefferson, and decided to make a few more appointments on his way out of office. (Kelly, 2014) The state secretary at that time was James
Madison. He was the individual commissioning appointments but decided against the order once
Thomas Jefferson took office. William Marbury filed a lawsuit against James Madison on the grounds that he was violating section thirteen of the Judiciary Act of 1789, which states: “The
Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after specially provided for; and shall have power to issue writs
of