Marbury v Madison: Judicial Review
Adams signed Marbury's commission and outgoing Secretary of State John Marshall sealed it—but Marshall failed to deliver it before Jefferson took office. (Ironically, Marshall had just been appointed Chief Justice but agreed to serve as Secretary of State for Adams's final weeks.) When Jefferson became president on March 4, 1801, he discovered several undelivered commissions sitting on a desk. Jefferson ordered his new Secretary of State, James Madison, to withhold them. Marbury never received his commission, which meant he never got his judgeship. In December 1801, Marbury sued Madison directly at the Supreme Court, asking the Court to issue a writ of mandamus—a court order forcing Madison to deliver the commission.
Marbury v Madison: Judicial Review
Adams signed Marbury's commission and outgoing Secretary of State John Marshall sealed it—but Marshall failed to deliver it before Jefferson took office. (Ironically, Marshall had just been appointed Chief Justice but agreed to serve as Secretary of State for Adams's final weeks.) When Jefferson became president on March 4, 1801, he discovered several undelivered commissions sitting on a desk. Jefferson ordered his new Secretary of State, James Madison, to withhold them. Marbury never received his commission, which meant he never got his judgeship. In December 1801, Marbury sued Madison directly at the Supreme Court, asking the Court to issue a writ of mandamus—a court order forcing Madison to deliver the commission.
Marbury v Madison: Judicial Review
Adams signed Marbury's commission and outgoing Secretary of State John Marshall sealed it—but Marshall failed to deliver it before Jefferson took office. (Ironically, Marshall had just been appointed Chief Justice but agreed to serve as Secretary of State for Adams's final weeks.) When Jefferson became president on March 4, 1801, he discovered several undelivered commissions sitting on a desk. Jefferson ordered his new Secretary of State, James Madison, to withhold them. Marbury never received his commission, which meant he never got his judgeship. In December 1801, Marbury sued Madison directly at the Supreme Court, asking the Court to issue a writ of mandamus—a court order forcing Madison to deliver the commission.