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The Judiciary Act of 1789 (ch. 20, 1 Stat. 73) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States .
Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. Congress cannot pass laws that are contrary to the Constitution, and it is the role of the judiciary to interpret what the Constitution permits. Court membership
They argued that the Constitution did not give the Supreme Court the authority to review state court decisions. They asserted that the Judiciary Act of 1789, which provided that the Supreme Court could hear certain appeals from state courts, was unconstitutional. In effect, these state courts were asserting that the principle of judicial review ...
Marshall held that appointee Marbury was indeed entitled to his commission. However, Justice Marshall contended that the Judiciary Act of 1789 was unconstitutional, since it purported to grant original jurisdiction to the Supreme Court in cases not involving the States or ambassadors [citation needed]. The ruling thereby established that the ...
The Supreme Court of the United States is the only court specifically established by the Constitution of the United States, implemented in 1789; under the Judiciary Act of 1789, the Court was to be composed of six members—though the number of justices has been nine for most of its history, this number is set by Congress, not the Constitution ...
One of these appointees, William Marbury, filed a petition for a writ of mandamus directly in the Supreme Court, on the jurisdictional grounds that the Judiciary Act of 1789 stated that the Supreme Court "shall have power to issue writs of prohibition to the district courts [...] and writs of mandamus [...] to any courts appointed, or persons ...
Bowerbank, 9 U.S. (5 Cranch) 303 (1809), the Court held part of the Judiciary Act of 1789 unconstitutional. The invalidated portion had purported to confer on federal courts the jurisdiction to try cases between aliens. [3]
Citing the Supremacy Clause, the Court found Section 13 of the Judiciary Act of 1789 to be unconstitutional to the extent it purported to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. In Martin v. Hunter's Lessee, 14 U.S. 304 (1816), and Cohens v.