Marbury V Madison Background. The judiciary act, passed by congress in 1789, had given the supreme court the power to issue these writs. Marbury argued that a law passed by congress (the judiciary act of 1789) gave the supreme court of the united states the power to issue this writ.
President adams had appointed william marbury to be justice of the peace of the district of columbia. Then marbury would become a justice of the peace. The case surrounds the question of whether or not william marbury’s right to a commission is.