Marbury v. Madison
The next question was who could decide this issue. Marshall ruled that the Supreme Court could decide it because the Judiciary Act of 1789 said that they could. However, Marshall said that a section of the Judiciary Act was unconstitutional. That section allowed the Supreme Court to make a writ but the United States Constitution did not. Therefore, that section was unconstitutional and the Supreme Court could not make a writ for Marbury.