Marbury v. Madison (1803) established the Constitution as the supreme law of the United States, asserting the Court’s power of judicial review. The Supreme Court found that federal courts have the power to invalidate acts of other branches of government when they violate the Constitution. It’s one of the “checks and balances” central to the function of the federal government.

In 1800, Democratic-Republican Thomas Jefferson defeated Federalist John Adams to become the third president. Just before he left office, Adams created a slew of new judicial positions and appointed his political allies to fill them. When Jefferson took office, his Secretary of State, James Madison, refused to deliver the commissions that would allow the judges to assume their duties. Some of the appointees, including William Marbury, petitioned the Supreme Court to force him to deliver the documents. Chief Justice John Marshall, writing for a unanimous court, ruled that while it was illegal for Madison to withhold the commissions, the Court did not have the authority to force Madison to deliver them. The ruling struck down as unconstitutional a part of the Judiciary Act of 1789 granting the Court power to issue an order known as a writ of mandamus. Over 50 years will pass before the Supreme Court uses its power of judicial review again in the Dred Scott case.