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What Was the Justification for Refusing to Issue Marbury His

Question 77

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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