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.

Can we conclude that is section 13 of the judiciary act constitutional?
no