Go to next caseThe decision in Marbury v. Madison is a landmark case because it created the concept of "judicial review," which allows the Supreme Court to declare the actions of Congress unconstitutional. The case arose from the defeat of President Adams in the 1800 election. Adams appointed many Federalists, members of his party, to federal court positions the night before he was to give up his office; however, the appointments were never delivered when President Jefferson's administration took control. Chief Justice Marshall took this oppotunity to more exactly define the Supreme Court's powers. He explained that Congress could not expand or contract the Supreme Court's original jurisidiction as stated in the Constitution, as Congress attempted to in the Judiciary Act of 1789, where it authorized the Court to issue writs of mandamus ordering federal officers to perform certain tasks. Thus the Supreme Court was not allowed to order the president to deliver the appointments. This decision did, however, set the precedent that the Supreme Court could declare Acts of Congress unconstitutional.
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