In the aftermath of the fiercely contested US presidential election of 1800 (see previously), a three-way race among incumbent John Adams, Aaron Burr and Thomas Jefferson, with Jefferson ultimately winning with the electoral college by a very narrow margin. Once realising that they were unseated Adams and the Federalist party attempted to fill as many judicial vacancies as possible with loyalists and avowed “anti-Jeffersonians”—mostly circuit judges, during the last days in office.
One of these appointees was a wealthy businessman and lawyer from Maryland, the plaintiff, William Marbury—nominees approved by the senate en masse. The new judges received their commissions and sworn in, however, for a few, it was not accomplished before inauguration day—including for Marbury—Jefferson instructing his secretary of state, James Madison, to withhold those commissions not yet delivered and declare them void. The ensuing lawsuit, elevated to the supreme court, was decided on this day in 1803, ruling that Marbury was legally entitled to his commission and withholding it was a violation of his rights—issuing a writ of mandamus and ordering the matter be remediated, but more over established the principle of judicial review, meaning that the courts have the power to strike down statues and legislation that run counter to the constitution, understood as the national codex and not just a statement of political ideas and aspirations and gives the judicial branch the responsibility to review the acts of the legislative and executive.