USA HISTORY

SECTIONAL CRISIS 1850 1861

DRED SCOTT

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
____ defeated John Adams in the 1800 presidential election. Before Jefferson took office on March 4, 1801, Adams and Congress passed the Judiciary Act of 1801, which created new courts, added judges, and gave the president more control over appointment of judges. The Act was essentially an attempt by Adams and his party to frustrate his successor, as he used the act to appoint 16 new circuit judges and 42 new justices of the peace. The appointees were approved by the Senate, but they would not be valid until their commissions were delivered by the Secretary of State. ____ had been appointed Justice of the Peace in the District of Columbia, but his commission was not delivered. Marbury petitioned the Supreme Court to compel the new Secretary of State, James Madison, to deliver the documents. Marbury, joined by three other similarly situated appointees, petitioned for a writ of mandamus compelling the delivery of the commissions.
A
Thomas Jefferson, William Marbury
B
William Marbury, Thomas Jefferson
C
Either A or B
D
None of the above
Explanation: 

Detailed explanation-1: -Thomas Jefferson defeated John Adams in the 1800 presidential election. Before Jefferson took office on March 4, 1801, Adams and Congress passed the Judiciary Act of 1801, which created new courts, added judges, and gave the president more control over appointment of judges.

Detailed explanation-2: -In 1801 the lame-duck Federalist majority in Congress, which favored a strong national government, made radical changes to the federal courts. The Judiciary Act of 1801 expanded federal jurisdiction, eliminated Supreme Court justices’ circuit court duties, and created 16 federal circuit court judgeships.

Detailed explanation-3: -Madison, 5 U.S. 137 (1803) Congress does not have the power to pass laws that override the Constitution, such as by expanding the scope of the Supreme Court’s original jurisdiction.

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