| Since the lower federal courts were created by Congress with the Judiciary Act of 1789, their jurisdiction had to be defined by Congress. |
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| Marshall also said that the Judiciary Act of 1789 did permit the Supreme Court to issue writs of mandamus, as Marbury had argued. |
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| In the Judiciary Act of 1789, Congress began to fill in details. |
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| They argue that Marshall selectively quoted the Judiciary Act of 1789, interpreting it to grant the Supreme Court the power to hear writs of mandamus on original jurisdiction. |
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| The Judiciary Act of 1789 established three circuits, which were groups of judicial districts in which United States circuit courts were established. |
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| Marshall first examined the Judiciary Act of 1789 and determined that the Act purported to give the Supreme Court original jurisdiction over writs of mandamus. |
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| Marbury's argument is that in the Judiciary Act of 1789, Congress granted the Supreme Court original jurisdiction over petitions for writs of mandamus. |
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