is section 13 of the judiciary act constitutional
Judiciary Act of 1789 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.[11][12]
United States Constitution Article Three describes the court system (the judicial branch), including the Supreme Court. There shall be one court called the Supreme Court. The article describes the kinds of cases the court takes as original jurisdiction. Congress can create lower courts and an appeals process. Congress enacts law defining crimes and providing for punishment. Article Three also protects the right to trial by jury in all criminal cases, and defines the crime of treason.