The chief justice of the United States, John Marshall, was a member of the Federalist Party.

“Jefferson and Marshall hate each other. In fact, Marshall gives him the oath for the inauguration, and goes back to his room and says, ‘Well, a terrorist has just taken over the government. I hope we will be able to survive him.’”

Joseph Ellis is a historian who has written many books about early American history. He says John Marshall was “a towering figure” who had an entirely different view of the federal government than Jefferson.

Marshall believed the Supreme Court should have the right to veto bills passed by Congress and signed by the president. In the Marbury case, he saw a chance to put this idea into law.

Marshall wrote his decision carefully. First, he said that Marbury did have a legal right to his judicial commission. Then, he said that Marbury had been denied this legal right. He said no one -- not even the president -- could take away a person's legal rights.

Next, Marshall noted that Marbury had taken his request to the Supreme Court under the terms of a law passed in 1789. That law gave citizens the right to ask the high court to order action by any lower court or by any government official.

Marshall explained that the Constitution carefully limits the powers of the Supreme Court. The court can hear direct requests involving diplomats or the states. It cannot rule on other cases until a lower court has ruled.