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Federal Judiciary Act of 1789 (view source)
Revision as of 01:16, July 6, 2018
, 01:16, July 6, 2018The judiciary act as an amendment to the constitution
With minor adjustments, it is the same system we have today. Congress has continued to build on the interpretation of the drafters of the first judiciary act in exercising a discretionary power to expand or restrict Federal court jurisdiction. While opinions as to what constitutes the proper balance of Federal and state concerns vary no less today than they did two centuries ago, the fact that today’s Federal court system closely resembles the one created in 1789 suggests that the First Congress performed its job admirably.
With minor adjustments, it is the same system we have today. Congress has continued to build on the interpretation of the drafters of the first judiciary act in exercising a discretionary power to expand or restrict Federal court jurisdiction. While opinions as to what constitutes the proper balance of Federal and state concerns vary no less today than they did two centuries ago, the fact that today’s Federal court system closely resembles the one created in 1789 suggests that the First Congress performed its job admirably.
==Judicial review==
Section 13 of the Judiciary Act grants the courts the power to issue writs of mandamus, even though no such constitutional authority exists. In the case of [[Marbury v. Madison]], the court declared this section unconstitutional as congress is not empowered to amend the Constitution.<ref>[https://books.google.com/books?id=SuT0CAAAQBAJ&pg=PT250 Why Politics Matters: An Introduction to Political Science]</ref><ref>[https://books.google.com/books?id=gKbfDgAAQBAJ&pg=PT18 Inside Constitutional Law: What Matters and Why]</ref><ref>[https://books.google.com/books?id=g585DQAAQBAJ&pg=RA1-PA21 Encyclopedia of U.S. Political History]</ref>
Even though the court did agree that a writ of mandamus was the correct solution to the issue, the court realized that the constitution had not empowered them to exercise such action.<ref>[https://books.google.com/books?id=oy1sfFeMh44C&pg=PA9 Judicial Jurisdiction: A Reference Guide to the United States Constitution]</ref><ref>[https://books.google.com/books?id=gSniBwAAQBAJ&pg=PT368 The Supreme Court of the United States: A Student Companion]</ref>
==Transcript of Federal Judiciary Act (1789)==
==Transcript of Federal Judiciary Act (1789)==
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{{License|license = This work is in the [[public domain]] in the United States because it is a work of the United States Federal Government under the terms of Title 17, Chapter 1, Section 105 of the US Code.| source = [http://www.ourdocuments.gov/doc.php?doc=12]}}
{{License|license = This work is in the [[public domain]] in the United States because it is a work of the United States Federal Government under the terms of Title 17, Chapter 1, Section 105 of the US Code.| source = [http://www.ourdocuments.gov/doc.php?doc=12]}}
==References==
{{reflist|1}}
[[Category:United States Law]][[Category:American State Papers]]
[[Category:United States Law]][[Category:American State Papers]]