What would have been the likely outcome if the Supreme Court had ordered Madison to deliver the commission?
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Correct answer: The Jefferson administration would have ignored the order, weakening the Court
Marshall faced a political dilemma; if he ordered the delivery, Jefferson would likely have ignored it, making the Court appear powerless. By ruling the law unconstitutional instead, Marshall avoided a direct confrontation while simultaneously claiming a massive new power for the Court.
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More Marbury v. Madison questions
- How did the ruling in Marbury v. Madison affect the balance of power between the state and federal governments?
- Before Marbury v. Madison, how was the power of the Supreme Court generally perceived?
- Which of the following best describes the 'Original Jurisdiction' mentioned in the case?
- What is a 'Writ of Mandamus'?
- Which political party was most threatened by the establishment of judicial review in 1803?
- In Marshall's opinion, if two laws conflict with each other, what is the court's responsibility?