Marbury V. Madison

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prosperous financier in Maryland. An ardent Federalist, Marbury was active in Maryland politics and a vigorous supporter of the Adams presidency.[3] He had been appointed to the position of justice of the peace in the District of Columbia. The term for a justice of the peace was five years, and they were "authorized to hold courts and cognizance of personal demands of the value of 20 dollars."[4]

On the following day, the appointments were approved en masse by the Senate; however, to go into effect, the commissions had to be delivered to those appointed. This task fell to John Marshall, who, even though recently appointed Chief Justice of the United States, continued as the acting Secretary of State at President Adams's personal request.[5]

While a majority of the commissions were delivered, it proved impossible for all of them to be delivered before Adams's term as president expired. As these appointments were routine in nature, Marshall assumed the new Secretary of State ...

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power before Marbury

Secretary of State Madison was ordered by President Jefferson to withhold the commissions made at the last minute by outgoing President Adams.

Sir Edward CokeMain article: Judicial review in the United States

Although the power of judicial review is sometimes said to have originated with Marbury, the concept of judicial review has ancient roots. The idea that courts could nullify statutes originated in England with Chief Justice Edward Coke's 1610 opinion in Dr. Bonham’s Case, 8 Co. Rep. 107a. That decision arose under a statute of Parliament enabling the London College of Physicians to levy fines against anyone who violated their rules. The College accused ...

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