**Federalist John Adams defeated by Thomas Jefferson for presidency in the election of 1800, the Judiciary Act of 801 created 16 new federal judge positions. Adams filled the positions with Federalist judges the night before he left office (midnight judges). Madison refused to deliver appointment papers because Adam was no longer president. William Marbury was appointed, but didnât get his papers from Madison, Marbury Sued madison. SCOTUS declared the Judiciary Act of 1798 unconstitutional because the constitution doesnât say the SCOTUS should force the executive branch to deliver appointment papers. Sided with Madison. This case established judicial review.**