What Was the Justification for Refusing to Issue Marbury His

question 72

Multiple Choice

What was the justification for refusing to issue Marbury his commission in Marbury v. Madison (1803) ?

• A) Marbury deserved his commission, but the justices did not give it to him because Section 13 of the Judiciary Act of 1789 was unconstitutional.
• B) The justices ruled that only Congress, and not the Supreme Court, had the power to issue the order.
• C) The justices ruled that President Adams's appointment of Marbury could not stand because it occurred after the election of 1800, which Adams lost.
• D) The justices ruled that only the president, and not the Supreme Court, had the power to issue the order.