This landmark case established the power of judicial review. Petitioner Marbury was appointed to the court by President John Adams near the end of his term of office and did not receive his "commission" before Adams left office. James Madison, secretary of state for Adam's successor, Thomas Jefferson, refused to complete the paper work Madison needed to take office. Marbury filed a petition for writ of mandate asking the Supreme Court to order Madison to complete the appointment. The Supreme Court noted that in order to rule on the petition it would have to determine whether a particular act of Congress (giving the Court the right to hear original petitions for writ of mandate) conflicted with Article III of the Constitution. The Court decided that it did in fact have the right to determine the constitutionality of Congressional acts, thereby affirming the right of judicial review. It decided, however, that the act here was unconstitutional and therefore it could not rule on the merits of the petition.
1. What results would follow if the Court did not have the power to review acts of Congress?
2. What is the essence of judicial duty?
3. What is the oath of office taken by judges, and why is it important?