As the government was newly establishing its stronghold on the nation a struggle to preserve the foundations of American society instituted by Washington and John Adams existed as Thomas Jefferson took office. In an attempt to maintain the "edifice of the National Government" believing Jefferson would topple the prestigious nation with his atheist views, Adams appointed various Federalists to the judiciary. Thus, attributing to the single most significant case of the Supreme Court, Marbury v. Madison, a struggle between Republicans and Federalists that would end in a future altered by fate. This controversial landmark case established the constitution as "Supreme law" of the United States and developed the power of the Supreme Court, enhancing its independence and proving it a nonpartisan instrument. It established the precedent for the Supreme Court to rule on the constitutionality of laws, through the principle of judicial review. The development of this power to interpret the constitution instituted the flexibility of the constitution and the ability to forge a road of precedent unfamiliar to the new government, as well as firmly grounding the role of the Judicial Branch.
To uphold the precedent already established in the United States by Federalists such as Washington and in fear of the Democratic republican ideas of Jefferson, Adams was determined to keep the federalists in office. Jefferson would have power over congress, but in a "midnight appointment", Adam's last day in office he created a "judiciary with a stronghold of Federalism". A few technicalities derived into a failure to deliver the commissions and therefore once discovered by Jefferson who saw them as a judiciary of "ardent political leaders," they were kept from delivery. Jefferson, wanting control appointed some of his own judges, and attempted to abolish the jobs of the new circuit judges, of the few whom received their commission. Thus, threatening the