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Main articles: "Judicial review and "Marbury v. Madison

A clause granting the Supreme Court the power to issue "writs of mandamus under its original jurisdiction was declared "unconstitutional by "Marbury v. Madison (1803) ("5 U.S. 137), one of the seminal cases in American law. The Supreme Court held that Section 13 of the Judiciary Act was unconstitutional because it purported to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. In Marbury, the Supreme Court ruled that Congress cannot pass laws that are contrary to the Constitution, and that it is the role of the judicial system to interpret what the Constitution permits. Thus, the Judiciary Act of 1789 was the first act of Congress to be partially invalidated by the Supreme Court.[10][11]

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References[edit]

  1. ^ Richard Henry Lee reported the Judiciary Act to the Senate on June 12, 1789.
  2. ^ a b c d e Marcus, Maeva (1992), The Documentary History of the Supreme Court of the United States, 1789-1800, "Columbia University Press, "ISBN "0-231-08867-1 
  3. ^ Judiciary Act of 1789, "Library of Congress, retrieved 2013-07-14 
  4. ^ History of the Federal Judiciary, "Federal Judicial Center, retrieved 2013-07-14 
  5. ^ 1789 Judiciary Act, "Encyclopædia Britannica, retrieved 2013-07-14 
  6. ^ a b U.S. Marshals Service, History, The Judiciary Act of 1789, "United States Marshals Service, retrieved 2013-07-14 
  7. ^ Federal Judiciary Act (1789), "National Archives and Records Administration, retrieved 2013-07-14 
  8. ^ Senator Ellsworth's Judiciary Act, "United States Senate, retrieved 2013-07-14 
  9. ^ A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875
  10. ^ Supreme Court History: The Court and Democracy, Marbury v. Madison, pbs.org, retrieved 2/12/07
  11. ^ The Supreme Court in United States history, Volume 1. By Charles Warren. Little, Brown, 1922.

External links[edit]

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