On his final day in office in 1801, John Adams signed commissions for 42 federal judges (the so-called 'midnight judges'). His successor, Thomas Jefferson, opted to not deliver most of the commissions. One appointee, William Marbury, sued the new secretary of state, James Madison, to force the delivery of his commission. The Judiciary Act of 1789 had granted the court original jurisdiction in such cases, but the Constitution did not.

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1. On his final day in office in 1801, John Adams signed commissions for 42 federal judges (the so-called 'midnight judges'). His successor, Thomas Jefferson, opted to not deliver most of the commissions. One appointee, William Marbury, sued the new secretary of state, James Madison, to force the delivery of his commission. The Judiciary Act of 1789 had granted the court original jurisdiction in such cases, but the Constitution did not.