It originated in us supreme case Marbury vs Madison case 1803.

ð  Thomas Jefferson defeated John Adam in the presidential election of 1800.

ð  Before the Jafferon could, Adam and formally enter the office, Adam and congress passed an Act, Judiciary Act, 1801 just one day Prior to the oath. This Act created many new courts and requested the appointment of new judges. So, before Jefferson took office on march 4 1801, Adams and congress passed the court adding judges and giving the president more control over the appointment of judges. As he used the Act of appointing 16 new circuit judges and 42 new justices of the peace. The appointees were delivered by the senate, but they would not be valid until commissions were delivered by the secretary of state.

ð  William Marbury has been appointed justice of the peace in the district of Columbia but his commission was not delivered Marbury petitioned the supreme court to compel the new secretary of state James Madison to deliver the document Marbury joined three others

ð  Similarly situated appointees, petitioned for a writ of madamus compelling the delivery of the commission.

ð  It was necessary for final appointments that all these appointees should be delivered their commissions from the secretary of state.

ð  At the time secretary of state was James Madison who was ordered by Jafferon to not deliver commissions.

ð  So Madison refused to deliver the commissions.

ð  One of the persons among the appointees was William Marbury of whose commission was also not delivered by Madison.

ð  Mardury filed a writ of mandamus in the supreme court of the USA.

The decision of the supreme court:

Madison’s recusals of delivery of commission are illegal but the court didn’t order for delivery.

ð  Supreme court wrote in the Judgment that the Judiciary Act 1789 through which Marbury filed a writ of mandaus is against the constitution and congress does not have the power to legislate against the constitution in the regular legislation hence Judiciary Act 1789 is void