<P> The Act created the Office of Attorney General, whose primary responsibility was to represent the United States before the Supreme Court . The Act also created a United States Attorney and a United States Marshal for each judicial district . </P> <P> The Judiciary Act of 1789 included the Alien Tort Statute, now codified as 28 U.S.C. § 1350, which provides jurisdiction in the district courts over lawsuits by aliens for torts in violation of the law of nations or treaties of the United States . </P> <P> 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 . </P>

Is section 13 of the judiciary act constitutional