After the 1800 election in which Thomas Jefferson won, President John Adams proceeds to pack the judicial branch with members of his own party, the Federalists. In response, Jefferson's Republican Party repealed the Judiciary Act of 1800. This act created a new position on the bench for Federalist judges. The Supreme Court was threatened with impeachment if it overturned the repeal (Marbury v. Madison, 1803). President Adams attempted to fill these new vacancies before the end of his term, but some commissions were not filled. When Jefferson was sworn in, he refused to honor these commissions. As a result, one of the appointees, William Marbury, sued the new Secretary of State, James Madison. Marbury asked the Supreme Court to order the surrender of his commission (Marbury v. Madison, 1803). The new Chief Justice of the Supreme Court, John Marshall, knew that the court had issued a writ of mandamus, which Jefferson would ignore, effectively weakening authority. of the courts. But if the Court denied the act, it would appear to others that they acted out of fear. In both cases it would be a denial of the fundamental principle of the supremacy of the law (Marbury v. Madison, 1803). Instead Marshall found a different path. The court would chastise the Jefferson administration for its actions, while strengthening the court's power. Marshall stated that Madison should have issued the commission, however the Court had no power to issue the writ of mandamus under Article III of the United States Constitution. Since the Constitution is considered the law of the land, the Judiciary Act of 1789 which granted the Court the power to issue writs was void due to Article III. It is stated that the authority given to the Court d...... middle of paper ......t has no power of judicial review in the Constitution. They probably think the Constitution says so when it doesn't. Americans accept what is happening in the federal government because they don't care or they simply don't want to read all the documents and find out for themselves. Works CitedFamGuardian.org. (n.d.). Thomas Jefferson on Politics and Government: 18. Judicial Review. Retrieved June 16, 2011, from http://www.famguardian.org/Subjects/Politics/ThomasJefferson/jeff1030.htm#TopMarbury v. Madison - Case Brief Summary, 5 US 137, 1 Cranch 137, 2 L.Ed.60 (1803). Retrieved June 16, 2011, from http://www.lawnix.com/cases/marbury-madison.htmlServes, S. (2009, March 5). Judicial review in the Netherlands. Retrieved June 16, 2011, from http://www.associatedcontent.com/article/1522109/judicial_review_in_the_netherlands.h tml?cat=17