It appears that everybody is studying Marbury this weekend...
So, here you go. John Adams tried to game the process and nominated Marbury to a post in the final hours of Adams' administration.
The hitch was that the Secretary of State had to deliver a commission to make it official.
Thomas Jefferson's Secretary of State, James Madison (future President), refused to deliver the commission.
Marbury, who was denied the post, sued.
The outcome of the case is a little murky.
In essence, though, Marbury still got hosed. He was told that he should have received the commission and that Madison was wrong but that the actual act by which he was nominated wasn't properly constructed.
So, the Supreme Court won the day by reviewing the actions of the other branches and poor Marbury got nothing. All the Supreme Court had to do, really, to establish Judicial Review was to wade in. As we think about that today, it doesn't seem big. But Marbury v. Madison is a seminal case BECAUSE the Supreme Court got into the ring.
