So, Marshall said, the 1789 law allowed Marbury to take his case directly to the Supreme Court. But the Constitution did not. The Constitution, he added, is the first law of the land. Therefore, the congressional law is unconstitutional and has no power.

Chief Justice Marshall succeeded in doing all he had hoped to do. He made clear that Marbury had a right to his judicial commission. He also saved himself from a battle with the administration. Most importantly, he claimed for the Supreme Court the power to rule on laws passed by Congress.

The case of Marbury versus Madison established that the Supreme Court — not the president or the Congress — has the final say on what the Constitution means. Jefferson did not like Marshall’s decision, but Joseph Ellis says that Jefferson was awed by how the chief justice argued his case.

“Jefferson says to his friend, 'If you ever talk to Marshall, don’t say anything. Because whatever you say, he will take it and he will twist it.' He calls it the 'twistifications' of John Marshall.”

Jefferson waited for the Supreme Court to use this new power to change Congress’ laws. Several times during Jefferson's presidency, Federalists claimed that laws passed by the Republican Congress violated the Constitution. But they never asked the Supreme Court to reject those laws.

The case of Marbury versus Madison was one of the most important decisions about how America’s government operates. But historians say another act during Thomas Jefferson’s presidency affected America in an even bigger way. That will be our story next week.