This shifted the balance of government power to the judiciary, upset the federalist system envisioned by the founders, and enabled federal courts consisting of unelected officials to dominate public policy through their rulings.
In 1801, just before President John Adams ended his term of office, he appointed several judges to federal positions. These appointments were called "midnight judges" because Adams made them up until the final day of his term. Among the "midnight judges" was William Marbury, who was name justice of the peace for Washington, DC. However, When Thomas Jefferson became president in March; he signed a bill repealing the "midnight judge" law, thus cancelling Marbury's commission. As a result, this led Marbury to seek legal justice in the Supreme Court. Not aware of the outcome, Marbury had his day in court that will prove to be unsuccessful for him, but pivotal in the process of judiciary law. .
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Chief Justice John Marshall, one of Adams's "midnight judges" would rule that although Marbury was entitled to his commission, he had no right to bring the case before the Supreme Court because the Judiciary Act of 1789 was unconstitutional and therefore void. This marked the first time that the Supreme Court declared that a law passed by Congress and signed by the president was illegal.
Although Marbury lost his case and did not receive his commission, the Federalists won a monumental victory.
Marbury v. Madison introduced the concept of "judicial review," or the power of the Supreme Court to decide whether acts of the legislative or executive branches are unconstitutional. While, there were no powers bestowed to the Court in the Constitution, Marshall argued that it needed to be an addition. Therefore, the Court could become an equal branch of government with the legislative and executive branches. This ideology will happen, as chief justice Marshall will prove in the case of McCulloch v.
