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In Marbury V

Question 23

Multiple Choice

In Marbury v.Madison, U.S.Supreme Court Justice John Marshall ruled that he could not force Secretary of State James Madison to carry out a previous president's appointment to a lower judge.In so doing, he established the legal power of the Supreme Court's power of judicial review.This was the case because:


A) the court was reviewing a decision of one of the other branches for the first time.
B) he established the ability of the courts to create and shape common law, a body of rules and principles of interpretation not grounded in specific statutes.
C) he declared an act of Congress unconstitutional; in this case, one that had given the court jurisdiction in the case.
D) Marshall held that the court should have been able to review the appointment before it was made.

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