The Election of 1800 was a bitter defeat for President Adams and his Federalist Party. The Democratic-Republicans won the presidency and control of both houses of Congress. While the election was held in the fall of 1800, the winners would not be sworn in until March 4, 1801. This gave Adams time to ensure Federalist control over the Judicial Branch.

In February, the Federalist-controlled Congress passed the Judiciary Act of 1801. This act decreased the size of the Supreme Court from six to five members and eliminated their circuit riding duties. More important, this act also created several new judgeships within the Judicial Branch. And President Adams wasted no time in filling these 58 new positions with loyal Federalists.

Before federal judges are allowed to perform their duties, they must have a judicial commission. These commissions are documents that show the judges have been formally appointed. During the early 1800s, it was the responsibility of the Secretary of State to deliver the commissions. While Secretary of State John Marshall delivered most of the commissions, he failed to deliver 17 of them. William Marbury was one of the appointees who did not receive his commission. Once Democratic-Republican Thomas Jefferson became President, he told his Secretary of State, James Madison, not to deliver the remaining commissions.

William Marbury	James Madison

In 1803, William Marbury filed suit in the Supreme Court to seek his commission. The Judiciary Act of 1789 empowered the Supreme Court to issue writs of mandamus. (The Latin word mandamus literally means "we command.") These writs order government officials to carry out their responsibilities. William Marbury wanted the Supreme Court to order Secretary of State Madison to give him his judicial commission.

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