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 Six establishes the Constitution, and all federal laws and treaties of the United States made according to it, to be the supreme law of the land, and that "the judges in every state shall be bound thereby, any thing in the laws or constitutions of any state notwithstanding." It validates national debt created under the Articles of Confederation and requires that all federal and state legislators, officers, and judges take oaths or affirmations to support the Constitution. This means that the states' constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges are legally bound to honor the federal laws and constitution over those of any state. Article Six also states "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."