- This case had formed the basis for the exercise of judicial review.
- The case arose from a petition submitted to the Supreme Court by William Marbury, one of John Adam's "Midnight Appointments," as his commission was not delivered.
- The commission that Adams had sent had not been delivered as Madison, now the secretary of Madison, refused to receive it.
- Marshall had declared that Marbury had the right to the deliverance of the commission, yet they held no authority to force Madison to deliver it to Jefferson.