The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices. It also established the lower federal court system.
Boerne v. Flores is an example of judicial review, which was created in Marbury v. Madison. The court can use cases such as Boerne to determine the constitutionality of laws passed by Congress. In Marbury, the Court ruled that Congress had overstepped its constitutional powers with the Judiciary Act of 1789. In Boerne, the Court again ruled that Congress overstepped its powers. Congress must abide by the principle of limited government, and it must respect separation of powers.
