○ Adams, Madison and Marshall
• Democratic Republics
Adams was going to lose the presidency and had lost power of all houses except one. So he tried to fill up all the judges spots with Federalists.
• At the time the judicial branch was extremely week. Marshall got the job in it.
• Marshall didn't deliver all the letters
• Marbury didn't get his commission
• Marbury was mad he didn't get it
• He came across the Judicial act 1789, the writ of mandamus, they can force someone to do something. Tries to use it to get his job
• Marshall knows that if he issues the writ of mandamus and ignore it, weakening the supreme court
• If he told Marbury he could get the job then it looks like he is bowing down to them. Weakening himself
• Decides that he cant help Marbury because it is against the constitution
• Establishes the supreme court now always makes sure that laws are constitutional
• Associate judicial review with Marbury Madison