Question

As you have learned, part of the judiciary act of 1789 gave the Supreme Court the power to grant writs of mandamus. According to Marshall, what made this power unconstitutional?

Answer 1

John Marshall declared the power to issue writs of mandamus unconstitutional in the case of Marbury v. Madison, ruling that it exceeded the Judicial Branch's authority as outlined in the Constitution.

Step-by-step explanation:

John Marshall, Chief Justice of the Supreme Court, ruled that the grant of power to issue writs of mandamus to the Supreme Court was unconstitutional in the landmark case of Marbury v. Madison in 1803. Marshall argued that while the Judiciary Act of 1789 allowed for the power to be given, it exceeded the scope of the Judicial Branch's authority as outlined in the Constitution. He stated that the Constitution is the supreme law of the land and any law that conflicts with it must be declared invalid. In this case, the provision in the Judiciary Act of 1789 was in conflict with the Constitution, specifically Article III, which outlines the powers and limitations of the Judicial Branch.

Learn more about unconstitutionality of the power to issue writs of mandamus