In 1801 secretary of state John Marshall failed to deliver the commissions for President John Adams’ last minute judicial appointments, including William Marbury. Marbury’s commission as justice of the peace in the District of Columbia was withheld by the incoming secretary of state, James Madison. As a result, Marbury petitioned the Supreme Court to force Madison to deliver his commission. Ultimately, the Supreme Court under the aegis of Chief Justice John Marshall ruled that even though Madison’s refusal to deliver the commission was illegal, the 13th section of the Judiciary Act of 1789 that enabled Marbury to bring the claim to the court was unconstitutional because it extended the power of the court. Therefore, in declaring section 13 unconstitutional, the Marshall court established the principle of judicial review, i.e., the power of the federal judiciary to interpret laws and if need be, declare them unconstitutional.
