Question

William Marbury did not win his case against James Madison. What was Chief Justice Marshall's reasoning for why the court could not produce a writ of mandamus, even though Marshall agreed that Marbury's commission should have been delivered to him? A. Marshall felt protecting the power of the federal government meant that he could not side against the president, and therefore the court was unable to order the president or his staff to act. B. Marshall did not think that Marbury was capable of being a federal justice, and therefore even though the commission should have been delivered, Marshall opted not to press the matter. C. Marshall believed the law that gave the court the power to issue the writ of mandamus was not a constitutional law, and therefore the court did not really have that power. D. Marshall worried that his actions against the Democratic-Republicans would provoke them to impeach him, and therefore, to protect his own position, he did not issue the writ of mandamus.

Answer 1

The correct answer is: C. Marshall believed the law that gave the court the power to issue the writ of mandamus was not a constitutional law, and therefore the court did not really have that power.