4. What dilemma did Chief Justice John Marshall face in Marbury vs. Madison?

In the landmark case of Marbury v. Madison (1803), Chief Justice John Marshall faced a significant dilemma regarding the balance of power among the branches of government and the authority of the Supreme Court. Here are the key aspects of the dilemma: 1. **Judicial Authority vs. Executive Power**: The case arose when William Marbury petitioned the Supreme Court for a writ of mandamus to compel Secretary of State James Madison to deliver his commission as a justice of the peace. Marshall had to decide whether the Court had the authority to issue such a writ against a member of the executive branch. 2. **Constitutionality of the Judiciary Act of 1789**: Marshall had to confront the question of whether the section of the Judiciary Act of 1789 that granted the Supreme Court the power to issue writs of mandamus was constitutional. If he ruled that it was unconstitutional, it would mean denying Marbury's request and, by extension, limiting the power of the Court. 3. **Establishing Judicial Review**: By declaring the Judiciary Act of 1789 unconstitutional, Marshall established the principle of judicial review, which allowed the Supreme Court to invalidate laws that it found to be in conflict with the Constitution. This was a bold move that asserted the Court's role as a co-equal branch of government, but it also risked conflict with the executive branch. 4. **Political Ramifications**: Marshall was aware that his decision could have significant political consequences. The case was rooted in a power struggle between the Federalists, who had appointed Marbury, and the Democratic-Republicans, who were now in power. A ruling in favor of Marbury could be seen as a partisan decision that might provoke backlash from the new administration. In summary, Chief Justice John Marshall faced the dilemma of asserting the authority of the Supreme Court and establishing the principle of judicial review while navigating the potential political fallout and the delicate balance of power between the judicial and executive branches.