Question

True or false
Justice Marshall and the Supreme Court decided the Court had no constitutional power to issue the writ.

Answer 1

True. In Marbury v. Madison (1803) Chief Justice John Marshall held that William Marbury had a right to his commission but that the Supreme Court could not constitutionally issue the writ of mandamus because the Judiciary Act of 1789 unconstitutionally expanded the Court’s original jurisdiction. This decision established the principle of judicial review.