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 appointment of these “midnight judges” enraged Republicans.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 case of Marbury v. Madison went to the Supreme Court, which was led by John Marshall, the Federalists’ most powerful member and Jefferson’s distant cousin.
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. With his decision, Marshall answered the controversial question regarding who had the authority to determine the meaning of the Constitution. Marshall created the precedent of judicial review, empowering the Supreme Court to rule a federal law unconstitutional and impose its will on the states.
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