In the final days of John Adams's presidency, Congress passed the Judiciary Act of 1801, creating new federal judgeships. Adams quickly appointed many Federalists to these positions before Thomas Jefferson took office. One of those appointees was William Marbury, who was selected to serve as a justice of the peace in the District of Columbia.
Before Marbury could begin his new job, he needed an official document called a commission. President Adams signed Marbury's commission, and Secretary of State John Marshall placed the official government seal on it. The transition between presidential administrations was quick. As a result, several commissions were not delivered before Adams left office.
When Jefferson became president in March 1801, he believed Adams had made his last-minute appointments to keep Federalists in powerful government positions after losing the election. Jefferson decided the remaining commissions should not be delivered. He ordered his new Secretary of State, James Madison, to keep them rather than send them to the men who had been appointed. As a result, William Marbury never received the commission he needed to take office.
Marbury thought he was legally appointed. His commission was signed and sealed before Adams left office. Jefferson's administration believed Madison did not have to deliver the commission. Marbury asked the Supreme Court to settle the dispute between the two sides.
Marbury asked for a writ of mandamus. This is a court order directing a government official to perform their legal duty. He wanted the Court to order Madison to deliver his commission. Normally, cases reach the Supreme Court only after being heard in lower courts. Marbury argued that the Judiciary Act of 1789 gave the Supreme Court the power to hear his case directly. He claimed that because of this, the Court had the authority to issue a writ of mandamus.
The Supreme Court now had to decide whether it had the authority to order James Madison to deliver Marbury's commission. The Court would also decide its role in the new nation's government.