What Was the Justification for Refusing to Issue Marbury His

question 43

Multiple Choice

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

• A) Marbury was not a U.S. citizen and therefore was ineligible for a job on the federal court.
• B) The Court ruled that President Adams's appointment of Marbury was an abuse of executive power and illegal.
• C) The Court ruled that President Adams's appointment of Marbury could not stand because it occurred after the election of 1800, which Adams lost.
• D) The Court ruled that only the president, and not the Supreme Court, had the power to issue the order.
• E) The Supreme Court could not issue the order to someone holding federal office because it was not part of the Supreme Court's original jurisdiction outlined in the Constitution.

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