Using
Documents to Decide the Outcome:
The Constitution and the Judiciary Act of 1789
In
deciding the outcome of Marbury v. Madison,
the members of the Supreme Court of the United States had
to examine the relevant documents. Since our government is
based on the Constitution, they started with that document.
In this case, the relevant section was Article III. They also
examined the Judiciary Act of 1789, a law passed by Congress,
that Marbury used in his argument.
| The
Constitution of the United States |
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Article
III.
Section 1.
The 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. The Judges, both
of the supreme and inferior Courts, shall hold
their Offices during good Behaviour, and shall,
at stated Times, receive for their Services,
a Compensation, which shall not be diminished
during their Continuance in Office.
Section 2.
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;-
to Controversies between two or more States;-
between a State and Citizens of another State;-between
Citizens of different States;- between Citizens
of the same State claiming Land under Grants
of different States, and between a State, or
the Citizens thereof, and foreign States, Citizens
or Subjects.
In
all Cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a
State shall be Party, the supreme Court shall
have original Jurisdiction. 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.
The
Trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held
in the State where the said Crimes shall have
been committed; but when not committed within
any State, the Trial shall be at such Place
or Places as the Congress may by Law have directed.
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| The
Judiciary Act of 1789 |
An
Act to establish the Judicial Courts of the United
States
Sec.
1.
Be it enacted.That the supreme court of
the United States shall consist of a chief justice
and five associate justices. . . .
Sec. 13.
And be it further enacted that the Supreme Court
shall have exclusive jurisdiction of all controversies
of a civil nature, where a state is a party, except
between a state and its citizens; and except also
between a state and citizens of other states,
or aliens, in which latter case it shall have
original but not exclusive jurisdiction. And shall
have exclusively all such jurisdiction of suits
or proceedings against ambassadors, or other public
ministers, or their domestics, or domestic servants,
as a court of law can have or exercise consistently
with the law of nations; and original, but not
exclusive jurisdiction of all suits brought by
ambassadors or other public ministers, or in which
a consul, or vice-consul, shall be a party. And
the trial of issues in fact in the Supreme Court,
in all actions at law against citizens of the
United States, shall be by jury. The Supreme Court
shall also have appellate jurisdiction from the
circuit courts and courts of the several states,
in the cases herein after specially provided for;
and shall have power to issue writs of prohibition
to the district courts, when proceeding as courts
of admiralty and maritime jurisdiction, and writs
of mandamus, in cases warranted by the principle
and usages of law, to any courts appointed, or
persons holding office, under the authority of
the United States. . . . |
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Questions
to Consider:
- According
to the Constitution, who has the authority to establish
courts?
- In
Section 13 of the Judiciary Act of 1789, Congress extends
the jurisdiction of the Supreme Court. What powers does
it give to the Supreme Court that are NOT already provided
in the Constitution?
- According
to Article III, Section 2, does the Congress have the
authority to change the jurisdiction of the Supreme Court,
as it has done in the Judiciary Act of 1789?
- If
the Constitution and an Act of Congress contradict one
another, as they do in this case, which one should people
obey? Why?
- Based
on your answers to the above questions, does the Supreme
Court have the power to issue a writ of mandamus?
What did this mean for Marbury?
- In
addition to determining whether or not the Court had the
authority to issue a writ of mandamus, this case
set an important precedent. When one branch of government,
such as the Congress, does something that seems to go
against the Constitution, how is the conflict resolved?
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