In Marbury vs

In Marbury vs. Madison, this case was between William Marbury (the plaintiff) and James Madison (the defendant). President Adams appointed Marbury as a justice of the peace. The commission sealed by the Secretary of State James Madison was never delivered before President Adams term expired. When President Jefferson took over, he refused to honor the commission. Marbury applied to the Supreme Court for a court order to deliver the appointment. Marbury had a legal right to his appointment. From this point, the series of events that took place is what defined judicial review.
According to this case, the court has the final decision to declare a law unconstitutional or invalid when there is a conflict. Before this case, the court’s legal power to review was not questioned because an effort was made to interpret the law as constitutional. Marbury asked that a court order be issued to Madison to deliver the commission. First, Marbury had the right to his commission which was signed by President Adams. The law gives everyone the right to protection which was denied to Marbury. Because his right was violated, the solution was to issue the writ. However, the Court did not have the authority to do so because it was only in cases of original jurisdiction. Original jurisdiction only applied to ambassadors, other public ministers and consuls. Marbury’s case did not fit into this category. If the Court included Marbury’s case, it would have extended its authority. So, Marbury’s commission was denied.
After looking at the law some more, Chief Justice Marshall declared the Judiciary Act of 1789, specially section 13, violated the Constitution. Chief Justice Marshall was an influence in this case. His leadership inspired the Court to interpret the law which established judicial review. Before this case, a government branch was not established to determine whether the Constitution was valid or not.