The importance of Marbury v. Madison is both political and legal.

Although the case establishes

the traditions of judicial review and a litigable constitution on which the remainder of
constitutional law rests, it also transformed the Supreme Court from an incongruous institution
to an equipotent head of a branch of the federal government. William Marbury (Marbury), an
end-of-term appointee of President John Adams (President Adams) to a justice of the peace
position in the District of Columbia, brought suit against President Thomas Jefferson’s (President
Jefferson) Secretary of State, James Madison, seeking delivery of his commission. Before the
inauguration of President Jefferson, outgoing President Adams attempted to secure Federalist
control of the judiciary by creating new judgeships and filling them with Federalist appointees.
Included in these efforts was the nomination by President Adams, under the Organic Act of the
District of Columbia (the District), of 42 new justices of the peace for the District, which were
confirmed by the Senate the day before President Jefferson’s inauguration. A few of the
commissions, including Marbury’s, were undelivered when President Jefferson took office. The
new president instructed Secretary of State James Madison to withhold delivery of the
commissions. Marbury sought mandamus in the Supreme Court, requiring James Madison to
deliver his commission.