The Supreme Court declared an act of congress unconstitutional and set up a doctrine of a judicial review to take care of the issue .
The Marbury v. Madison 1803 case started on February 24.
Once inaugurated and in office, Jefferson instructed James Madison, his secretary of state, to withhold Marbury’s commission.
The Marbury v. Madison case set a precedent for the dutiful power of the court and its commitment to checks and balances. This was the beginning of the practice of “judicial review.”
Marbury appealed to the Supreme Court and petitioned to issue a Writ of Mandamus to compel Madison to act, claiming that his action was illegal. He petitioned it along with three other similar appointees.
The Marbury v. Madison case was an instance wherein the Supreme Court struck down a law from the Congress for the first time as it was unconstitutional.
The Supreme Court, led by Chief Justice John Marshall, decides the landmark case of William Marbury versus James Madison, Secretary of State of the United States and confirms the legal principle of judicial review–the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional–in the new nation.
Some argued that if they set up a judicial review then the supreme court would lose all their power.