John Marshall and William Marbury

However, when Thomas Jefferson took over, he order James Madison, the Secretary of State, not to deliver these documents. William Marbury was one of the appointees petitioned for the Supreme Court for a writ. Chief Justice Marshall decided that Marbury had been properly appointed in accordance with procedures established by the law, that since Marbury had a legal right to commission, the law must afford a remedy, and that the Court cannot grant the writ because of Section XIII of the Judiciary Act of 1789. The Court also gave themselves the right to uphold the Constitution, check the of other branches, and that they will only hold certain cases.