ABSTRACT

Thomas Jefferson believed that he would not able to implement the democratic policies he favored so long as the Federalists controlled the judiciary, and especially with his cousin and rival, John Marshall, as the new chief justice of the Supreme Court. The battle between Jefferson and the judiciary played out in several venues during the eight years of Jefferson's presidency. None of them would have a greater influence on American constitutional development than William Marbury's case. Aside from political differences, much of the situation resulted from efforts by John Adams and the Federalists to retain control of the judiciary, and Jefferson's determination not to let that happen. Marbury sought such a writ against Secretary of State James Madison to force him to hand over the commission that Adams had signed. The whole situation resulted from efforts by Adams and the Federalists to retain control of the judiciary, and Jefferson's determination not to let that happen.