Question 2. 2. In Marbury v. Madison, the Supreme Court established the principle of constitutional review by (Points : 1)
denying Marbury his right to sue.
denying the authority of the President to have made his appointment.
claiming that Section 13 of the 1789 Judiciary Act providing that the Supreme Court will issue a writ of mandamus was unconstitutional.
lecturing the Jeffersonians on why Marbury was rightfully entitled to his appointment.
http://en.wikipedia.org/wiki/Marbury_v._Madison
And your answer is?
act providing that the supreme court will issue a writ of mandamus was unconstitutional
I don't think so.
I think you are right.
Question 1.1. A district court is considered to be (Points : 1)
a court that determines the validity of a law.
a place where decisions from state courts can be appealed.
a court to settle disputes between Congress and the President.
a court of original jurisdiction.
To answer this question, we need to understand the background of the Marbury v. Madison case and the principle of constitutional review established by the Supreme Court.
Marbury v. Madison was a landmark Supreme Court case decided in 1803. This case revolved around the appointment of William Marbury as a justice of the peace by outgoing President John Adams. The new Secretary of State, James Madison, refused to deliver Marbury's commission, prompting Marbury to file a lawsuit seeking a court order to force Madison to deliver the commission.
In their ruling, the Supreme Court established the principle of judicial review, which refers to the power of the courts to review and invalidate acts of the executive and legislative branches that are unconstitutional. This principle gives the Supreme Court the authority to interpret the Constitution and declare laws or actions by the government as unconstitutional.
Now, to determine which option is the correct answer, let's examine each choice in relation to the case:
- Denying Marbury his right to sue: This option is not correct as Marbury was allowed to bring his case before the Supreme Court.
- Denying the authority of the President to have made his appointment: This option is not directly related to the principle of constitutional review, which is the main focus of the case.
- Claiming that Section 13 of the 1789 Judiciary Act was unconstitutional: This option is correct. The Supreme Court claimed that Section 13, which gave the court the power to issue a writ of mandamus (a court order directing a government official to perform a specific duty), was unconstitutional. This decision was based on the belief that the Judiciary Act of 1789 went beyond the powers granted to Congress by the Constitution.
- Lecturing the Jeffersonians on why Marbury was rightfully entitled to his appointment: This option is not correct as the Supreme Court's ruling did not focus on lecturing the Jeffersonians but on addressing the constitutionality of a specific provision of the Judiciary Act.
Therefore, the correct answer is: "Claiming that Section 13 of the 1789 Judiciary Act, providing that the Supreme Court will issue a writ of mandamus, was unconstitutional."