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After William Marbury was appointed as a judge by John Adams before he left office, he was approved by the Senate but never received his commission. Marbury petitioned the Supreme Court to compel the new Secretary of State, James Madison, to deliver the documents. The Court found that Madison's refusal to deliver the commission was illegal, but did not order Madison to hand over Marbury's commission via writ of mandamus because they didn't have the power until judicial review was established. .In deciding this case about judicial appointments, the court established the principle of judicial review, empowering the Supreme Court to declare an act of the legislative or executive branch unconstitutional.

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