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The Constitution was used to establish the Court's power of judicial review when it was declared that part of the Judiciary Act of 1789 was in conflict with it.
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The Judiciary Act of 1789 was an act created by Senators Oliver Ellsworth and William Paterson which was then signed into law by George Washington on September 24, 1789. This act was particularly important because it granted certain powers not mentioned in the Constitution to the Supreme Court. Additionally, it was also declared unconstitutional by Chief Justice Marshall in his majority opinion.
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After Adams, a Federalist, won a close election over Jefferson, a Democratic-Republican, he became the second President of the United States.
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After John Adams lost the election to Thomas Jefferson, John Adams appointed John Marshall to the position of Chief Justice. In the Court, Marshall went on to be a very influential justice, as demonstrated by his role in Marbury v. Madison.
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After he had lost the 1800 election to Jefferson, Adams had Congress pass the Judiciary Act of 1801. This act allowed Adams to appoint many Federalist judges, one of which was William Marbury, in his final days as President.
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After Thomas Jefferson, a Democratic-Republican, defeated John Adams, a Federalist, John Adams hurried to fill the courts with Federalist judges before he left office so as to allow the Federalists to keep control of the courts and to frustrate Jefferson.
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After not receiving his appointment after Adams left office, William Marbury knew that he wasn't going to be given his commission, which was necessary to serve. As a result, he decided to try to get it in court.
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On February 24, 1803, the Court unanimously decided that Marbury deserved his petition and that Jefferson and Madison had “sport[ed] away the vested rights of others”. However, Marshall, who was writing for the Court, then argued that the Court could not give him the commission through a writ of mandamus because Section 13 of the Judiciary Act of 1789 was in conflict with Article III Section II of the Constitution. Through this decision, Marshall established the power of judicial review.
