In 1800, an election was held and Thomas Jefferson, a Republican, was elected. As a result, former president John Adams, a Federalist, decided to appoint fifty-eight Federalist judges
to fill the remaining government positions created by Congress. John Marshall, the former Secretary of State was responsible for delivering the commissions to the fifty-eight appointed judges. Even though Marshall allegedly signed and sealed all of the commissions, he failed to deliver 17 of them. Marshall decided to not complete the deliveries because he assumed that James Madison, the new Secretary of State, would take care of it. However, after Jefferson became president, he instructed Madison to not deliver the rest of the commissions because he did not want members of the Federalist Party to take office. Jefferson’s decision became problematic because the people appointed were not permitted to take office until they had a physical copy of their commissions.
William Marbury, a judge who Adams appointed as a justice of peace of the District of Columbia, was one of the individuals who did not receive his commission. Consequently, Marbury proceeded to sue Madison and later asked the Supreme Court to issue a writ of mandamus-- a court order that mandates an official to either stop or carry on a certain duty. Marbury argued that the Judiciary Act of 1789 gave the Supreme Court the power to issue the writ and that he wanted the Supreme Court to order Madison to deliver him his commission.
After extensively reviewing the U.S. Constitution, John Marshall, the Chief justice of the case, discovered that the Judiciary Act did not apply in this scenario and that the act was actually unconstitutional. On February 24, 1803 the Supreme Court delivered a unanimous decision that Marbury was indeed entitled to his commission. However, the Supreme Court did not have the power to order Madison to deliver it to him. For this reason, Marbury did not become a judge. Although the Supreme Court’s decision inhibited Marbury from being the judge he was appointed to be, it essentially formed the basis for the exercise of judicial review.