Unit 2 FRQ: Marbury v Madison

Describe an action that members of the public who disagree with the holding in Marbury v Madison could take to limit its impact.

A member of the community could petition their local US Congressman/woman to introduce legislation that would reverse the holding. Another example would be that a citizen could create an interest group that would lobby Congress and promise electoral support upon their introduction of legislation.

Based on the constitutional clause identified in part A, explain why it led to that specific holding in Marbury v Madison.

It established judicial review and demonstrates the power of the judicial branch. It enacted the constitutional principle, separation of powers. It permits the Supreme Court to declare any act as a violation of the Constitution.

Identify the constitutional clause in Marbury v Madison

William Marbury's commission was not delivered and therefore he petitioned the Supreme Court. The court found that Madison's refusal to deliver the commission was illegal. They held the Judiciary Act of 1789, enabling Marbury to bring his claim to the Supreme Court unconstitutional. The impact made major belief systems on societies and nations because this court case was very significant. This court case made it possible for the Supreme Court to name any act from the legislative and the executive branch.