Marbury vs. Madison

      John Marshall was appointed by John Adams during the last days of his presidency.  The Judiciary Act of 1801, one of the final laws passed by Adams and the Federalist-controlled Congress, created sixteen new federal judgeships and other judicial offices.  The Republican-dominated Congress fought back by repealing the Judiciary Act of 1801. When Secretary of State James Madison refused to deliver a commission to William Marbury, one of Adams’s midnight appointees, Marbury sued for its delivery.  The Court’s unanimous opinion, which was written by Chief Justice Marshall, stated that Marbury deserved his commission, but the Court had no jurisdiction in the case. Marshall then ruled that part of the Judiciary Act of 1789, which dealt with the authority of the Supreme Court, was unconstitutional.  Marshall’s decision prompted Jefferson to strike back. The president, who let many of Adams’s midnight appointments stand, sought the impeachment of Supreme Court Justice Samuel Chase.