True or False: John Marshall ruled that the Supreme Court did not have the power to make Madison hand over Marburry’s commission.

1 answer

False. John Marshall, in the landmark case Marbury v. Madison (1803), ruled that the Supreme Court did have the power to compel Madison to hand over Marbury's commission as a justice of the peace. However, Marshall also ruled that the specific provision of the Judiciary Act of 1789, which Marbury had relied upon to file his lawsuit directly to the Supreme Court, was unconstitutional. This decision established the principle of judicial review, giving the Supreme Court the authority to declare acts of Congress unconstitutional.