Section 25 Judiciary Act

See for example herndon v.

Section 25 judiciary act. Philadelphia 1868 7 wall. An act to establish the judicial courts of the united states sec. This section of the judiciary act of 1789 provided a source of early controversy in constitutional politics.

This act established a circuit court and district court in each judicial district except in maine and kentucky where the district courts exercised much of the jurisdiction of the circuit courts. Thus the act broadened the features of federal law in the nation. Under section 25 the court had jurisdiction over state supreme court decisions that passed on the validity of federal laws.

After establishing its right to judicial review in the landmark case marbury v. The virginia court maintained that section 25 of the 1789 judiciary act which expressly allowed the supreme court to review decisions of state supreme courts was unconstitutional. 85 on which title 28 u s c 1940 ed 344 is based applied to criminal cases and many other supreme court decisions impliedly involve the same holding inasmuch as the court has taken jurisdiction of criminal cases on appeal from state courts.

Section 25 of the judiciary act of 1789 stated. Be it enacted by the senate and house of representatives of the united states of america in congress assembled that the supreme court of the united states shall consist of a chief justice and five associate justices any four of whom shall be a quorum and shall hold annually at the seat of government two sessions the one commencing the first monday of february and the other the first monday of august. Section 25 of the act which set forth the parameters of the supreme court s appellate jurisdiction from state courts was the most controversial provision because some viewed it as an unwarranted intrusion upon the rights of the states.

One of the most debatable provisions of this act was section 25 which allowed the supreme court jurisdiction to hear appeals from the high courts of the states involving questions of the constitutionality of state or federal laws or government offices. And be it further enacted that a final judgment or decree in any suit in the highest court of law or equity of a state in which a decision in the.