John Adams was a Federalist. Before Adams left office, Congress passed a Judiciary Act. This act gave Adams the power to appoint as many judges as he wished. The act was a way for the Federalists to keep control of one branch of government after losing the presidency and their majority in Congress in the election of 1800.

So, President Adams quickly created new courts and named new judges. Just as quickly, the Senate approved them. The papers of appointment were signed. The appointed men were known as "midnight judges."

However, some of the midnight judges did not receive their papers, or commissions, before Thomas Jefferson was sworn into office. The new president refused to give them their commissions.

Federalist congressmen claimed that the president was trying to interfere with the judiciary. This interference, they said, violated the Constitution.

Republican congressmen argued that the Constitution gave Congress the power to create and eliminate courts. They said the former administration had no right to appoint the so-called "midnight judges."

The Republicans won this argument, too. Congress approved President Jefferson's proposal to reduce the federal courts.

Congress then turned to other business. But the question of the midnight judges would not die. One reason the issue remained important was because of a man named William Marbury. Marbury was one of the midnight judges who had never received his commission. He asked the Supreme Court to decide whether the government was required to give him his commission.