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What Was the Justification for Refusing to Issue Marbury His

Question 39

Multiple Choice

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


A) The justices ruled that President Adams' appointment of Marbury was an abuse of executive power and therefore illegal.
B) The Supreme Court could not issue the order to someone holding federal office because it was not part of the Court's original jurisdiction outlined in the Constitution.
C) The justices ruled that President Adams' 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.

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