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In what way did Congress extend the jurisdiction of the US Supreme Court in Section 13 of the Judiciary Act of 1789?
Wiki User
∙ 14y ago
Section 13 of the Judiciary Act of 1789 reads as follows:
"...to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States."
According to the Court, the Constitution only allowed them to issue a writ of mandamus in cases where they had original jurisdiction. This created a conflict in the case of Marbury v. Madison, 5 US 137 (1803), when William Marbury petitioned the court for a writ of mandamus (an order requiring an official to take action within his scope of responsibility) compelling James Madison to deliver a judicial commission former President John Adams had created for Marbury before Adams left office in 1801.
The Court, perhaps knowing that it didn't have the power to enforce its decisions, may have concluded Madison would refuse to act on the writ of mandamus because the new President, Thomas Jefferson, was a member of the Democratic-Republican party, while the former President and William Marbury were members of the Federalist party. Jefferson wanted to prevent as many Federalists from taking office as possible.
In order to avoid direct confrontation, the Supreme Court, under the guidance of Chief Justice John Marshall, declared Section 13 of the Judiciary Act of 1789 unconstitutional. This decision firmly established the Court's right of judicial review, and ability to nullify laws it considered unconstitutional.
Marshall's interpretation of Article III, Section 2, which outlines the authority of the Supreme Court has been questioned by legal scholars. The pertinent section of the Constitution reads:
"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party..."
Using a different interpretation, Madison may have been legitimately considered a "public minister or consul," and the case may have been considered a "controversy to which the United States shall be a party," and therefore under the Court's original jurisdiction.
The decision angered Jefferson, who believed Marshall was attempting to grant the Court too much power in government; however, the ruling was never formally challenged.
For more information on Marbury v. Madison, see Related Links, below.
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∙ 14y ago
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How did Congress create the US Supreme Court and federal court system?
Congress created the Supreme Court of the United States and the first "inferior courts" of the federal judiciary in the Judiciary Act of 1789, but has expanded or dismantled parts of the federal court system at various points in history via other Judiciary Acts. The only federal court Congress cannot abolish is the Supreme Court because it is mandated under Article III of the Constitution.
Why did Congress passed the Judiciary act of 1789?
to create federal courts below the supreme court
What control does the Congress have over the Supreme Court's appellate jurisdiction?
Congress can pass legislation that prevents the US Supreme Court from exercising appellate jurisdiction over certain Executive and Legislative actions, either in whole or in part. This is known as jurisdiction stripping, or curtailment of jurisdiction. Congress cannot pass legislation that interferes with the Supreme Court's original jurisdiction, as granted by the constitution, nor can they concurrently remove jurisdiction from the Supreme Court and inferior courts, leaving no forum to challenge the legislation (although they may specify which court or courts will have original and appellate jurisdiction in such cases, as they did with Guantanamo detainees).The power to assign jurisdiction derives from three constitutional sources:Article I, Section 8, Clause 19"...To constitute tribunals inferior to the Supreme Court;"Article III, Section 1The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.Article III, Section 2"...In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."For more information, see Related Questions, below.
What document required the US government to have a Supreme Court?
Article III, Section 1 of the US Constitution required the Federal government to establish a Supreme Court. Congress took this action with the Judiciary Act of 1789.
What are 3 us branches?
executive (president), legislature (congress) and judiciary (supreme court).
How did congress created the supreme court and the lower federal courts-?
how did the congress create the supreme court and the lower federal courts
The US Supreme Court decision that established the authority of the Supreme Court to rule on the constitutionality of acts of Congress was?
The Court's decision in Marbury v. Madison, issued in 1803, established this principle by ruling a section of the Judiciary Act of 1789 unconstitutional
Why did congress pass the judiciary act 1789?
to create federal courts below the supreme court
What kind of cases does the US Supreme Court and federal judiciary have jurisdiction over?
Cases that have federal jurisdiction. They can either arise under federal law or be state law cases that gain jurisdiction through diversity jurisdiction.
Why was the Judiciary act was repugnant Or contradictory to the constitution?
The Act enlarged the jurisdiction of the Supreme Court, which can only be done by changing the Constitution.
Did Congress establish the US Supreme Court?
Yes and no. Article III of the Constitution mandated the creation of the US Supreme Court, but Congress actually established the Court in the Judiciary Act of 1789.
How were questions concerning the extent of divisions and control of governmental powers resolved?
In the United States, such questions between Congress and the President or as the Constitution refers to them the Legislative and Executive Branch. Are answered by petition to the Judiciary Branch commonly known as the Supreme Court. In the United States Constitution under Article III, Section 2, this is one of the rare places the Supreme Holds original jurisdiction versus appellette jurisidiction
