Judiciary
In what way was section 25 of the Judiciary Act of 1789 at issue in Cohens v. Virginia? The Supreme Court’s decisions in both McCulloch v. Maryland and Cohens v. Virginia were very controversial in their day. Yet, in the first, the Court only agreed to accept an institution that Congress had already established; in the second, Virginia actually won on the merits. Why then would certain political groups have found Marshall’s opinions in these two cases highly troubling?
After the first U.S. Legislature enacted and immediately passed a law on the structure of the Judiciary, President George Washington signed the Judiciary Act of 1789, or “An Act to establish the Judicial Courts of the United States,” law September 24, 1789. Proclamation The government explained in detail the language limited to the Constitution in relation to the Supreme Court, explained its powers, and set out the system of state lower courts. Thirty-five of the act involved a section of state court administrators.
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