Adams and his congress appointed 16 judges and 42 justice under the Judiciary Act, 1801. When they frustrate their success. But the secretary didn’t deliver their Commission. So, Marbury has been appointed justice and sued Madison in the Supreme Court. Then Justice Marshall said the appointment of a judge is legal but this Act is unconstitutional. That's why Marbury didn’t get any remedy

 Issues:
1. Do the plaintiffs have a right to receive their commissions?
2. Can they sue for their commissions in court?
3. Does the Supreme Court have the authority to order the delivery of their commissions?

Decision: 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 a writ of mandamus. Instead, the Court held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional since it purported to extend the Court’s original jurisdiction beyond that which Article III, Section 2, established.