View source for Federal Judiciary Act of 1789

==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>