Hodgson v. Bowerbank

Last updated
Hodgson and Thompson v. Bowerbank
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Decided February 10, 1810
Full case nameHodgson and Thompson v. Bowerbank and Others
Citations 9 U.S. 303 ( more )
5 Cranch 303; 3 L. Ed. 108; 1809 U.S. LEXIS 437
Court membership
Chief Justice
John Marshall
Associate Justices
William Cushing  · Samuel Chase
Bushrod Washington  · William Johnson
Henry B. Livingston
Case opinions
Majority Marshall, joined by unanimous

Hodgson and Thompson v. Bowerbank, 9 U.S. (5 Cranch) 303 (1809), was a United States Supreme Court case that held part of the Judiciary Act of 1789 unconstitutional. The invalidated portion conferred federal courts jurisdiction to try cases between aliens. [1]

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The Supreme Court of the United States is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution or an executive act for being unlawful. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide nonjusticiable political questions. Each year it agrees to hear about one hundred to one hundred fifty of the more than seven thousand cases that it is asked to review.

Judiciary Act of 1789

The Judiciary Act of 1789 was a United States federal statute adopted on September 24, 1789, in the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide.

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References

  1. Varat, J.D. Constitutional Law Cases and Materials, Concise Thirteenth Edition. Foundation Press, New York, NY: 2009, p. 33
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