what was chief justice marshall's reasoning for why the court could not produce a writ of mandamus, even though marshall agreed that marbury's commission should have been delivered to him?
Although a writ of mandamus was in order, the Court could not issue it. The chief justice arrived at this conclusion through a close textual reading of section 13 of the 1789 act and also Article III of the Constitution. [ Congress might subtract from the Court's original jurisdiction, but Congress could not add to it—as section 13 did—because Article III had already established the Court's jurisdiction fully. With arguments reminiscent of state court implementation of judicial review during the 1780s, Marshall worried that an expansion of the Court's jurisdiction would thrust the justices
into political disputes that the political branches themselves could not settle. Such involvement, he concluded, would prevent the Court from acting primarily as the legal institution he believed the departmental theory required.
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Asked 3/1/2012 11:28:51 AM
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