The Constitution's Court System Solution

how did the constitution fix no national court system

The Constitution of the United States, in Article III, establishes the federal judiciary, with the judicial power vested in a supreme Court, and such inferior Courts as the Congress may from time to time ordain and establish. This provision, however, left the establishment of a national judiciary system to Congress, which it did through the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system. This act addressed questions raised by Article III and provided a charter for the federal judicial system by specifying the jurisdiction and powers of the district and circuit courts, as well as the qualifications and authority of federal judges, thus fixing the absence of a national court system.

Characteristics Values
Date of establishment of a national court system 24th September 1789
Act that established the national court system Judiciary Act
Signatory to the Act President Washington
Article of the Constitution that deals with the judiciary branch of government Article III
Section of Article III that establishes the Supreme Court Section I
Section of Article III that establishes the jurisdiction of the Supreme Court Section II
Number of justices in the Supreme Court at the time Six
Current number of justices in the Supreme Court Nine (one Chief Justice and eight Associate Justices)
Jurisdiction of the Supreme Court Original and appellate jurisdiction
Jurisdiction of the Federal court More restrictive than that allowed by the Constitution
Extent of jurisdiction of Federal court Limited jurisdiction for district and circuit courts

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The Judiciary Act of 1789

The Act set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. The Supreme Court was given exclusive original jurisdiction over civil actions between states or between a state and the United States, as well as over suits and proceedings against ambassadors. The Act also established the lower federal court system, specifying the jurisdiction and powers of the district and circuit courts. It gave the Supreme Court the original jurisdiction provided for in the Constitution and granted it appellate jurisdiction in cases from the Federal circuit courts and state courts where Federal claims had been rejected.

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Article III of the Constitution

Article III of the US Constitution establishes the federal judiciary. Article III, Section I vests the judicial power of the United States in a supreme Court and such inferior courts as Congress chooses to establish. The Constitution permits Congress to decide how to organize the Supreme Court, a power first exercised in the Judiciary Act of 1789. This act created a Supreme Court with six justices and established the lower federal court system.

Article III, Section II establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. Examples include cases to which the US is a party, cases involving treaties, and admiralty cases.

Article III separates and places the judicial power in the judiciary, an idea often attributed to Montesquieu's writing on the separation of power in "The Spirit of Laws". Unlike the Articles of Confederation, the US Constitution separated the legislative, executive, and judicial powers.

Article III is one of the three vesting clauses of the US Constitution, requiring the supreme court, allowing inferior courts, requiring good behaviour tenure for judges, and prohibiting decreasing judges' salaries. The Treason Clause in Article III defines treason and fixes the proof necessary for conviction, ruling out trials by military commissions.

The Judicial Procedures Reform Bill of 1937 was a legislative initiative to add more justices to the Supreme Court. Although the bill aimed to modernise the federal court system, its most controversial provision would have granted the President the power to appoint an additional justice for every incumbent justice over the age of 70, up to a maximum of six.

Congress Powers: Sources and Grants

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Supreme Court

The Supreme Court is the cornerstone of the US legal system. Article III, Section I of the US Constitution establishes the federal judiciary, with the judicial power of the US "vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish". This provision also permits Congress to decide how to organise the Supreme Court.

The Judiciary Act of 1789, passed by the First Congress, established a Supreme Court with six justices, as well as the lower federal court system. The Act also specified the jurisdiction and powers of the district and circuit courts, and the qualifications and authority of federal judges, district attorneys, court clerks, US Marshals, and Deputy Marshals. The Act was the result of a lengthy and heated debate between Federalists, who wanted a strong federal government, and Anti-Federalists, who guarded the rights of the states.

The Supreme Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. The Court has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. Some examples include cases to which the United States is a party, cases involving treaties, and admiralty cases. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.

The Supreme Court plays a crucial role in the US constitutional system of government. It ensures that each branch of government recognises the limits of its power, protects civil rights and liberties by striking down laws that violate the Constitution, and sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm minorities.

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District and circuit courts

The US federal court system has three main levels: district courts, circuit courts, and the Supreme Court. The district courts are the trial courts of the federal court system, handling both civil and criminal cases. There are 94 district courts across the country, each with at least one district judge appointed by the President and confirmed by the Senate for a life term.

The circuit courts are the first level of appeal. There are 13 circuit courts, each with multiple judges, ranging from six on the First Circuit to 29 on the Ninth Circuit. These judges are also appointed by the President and confirmed by the Senate, serving for life. Appeals are first heard by a panel of three judges, who consider the arguments of both sides before the court schedules 'oral argument', where lawyers appear before the court to make their case and answer the judges' questions.

The 12 federal circuits divide the country into different regions. For example, the Fifth Circuit includes Texas, Louisiana, and Mississippi. Cases from district courts in these states are appealed to the United States Court of Appeals for the Fifth Circuit.

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Jurisdiction

The Judiciary Act of 1789, passed by the First Congress, was a pivotal moment in establishing a Federal court system and addressing the questions surrounding jurisdiction. This Act created a Supreme Court with six justices and established the lower federal court system. It meticulously outlined the jurisdiction of the district and circuit courts, granting them limited jurisdiction. The Supreme Court was bestowed with original jurisdiction as provided for in the Constitution, and appellate jurisdiction in cases from Federal circuit courts and state courts where Federal claims were rejected. The Act also specified the qualifications and authority of federal judges, district attorneys, court clerks, and law enforcement officers like U.S. Marshals and their deputies.

The jurisdiction of the Supreme Court, as outlined in Article III, Section II of the Constitution, includes original jurisdiction in certain cases. These include suits between two or more states, cases involving ambassadors, and other public ministers. The Court also holds appellate jurisdiction in a wide range of cases involving constitutional or federal law, such as those to which the United States is a party, cases involving treaties, and admiralty cases. The Certiorari Act of 1925 further empowered the Court to decide whether to exercise its appellate jurisdiction in specific cases.

The establishment of the national judiciary was deemed a critical task by the founders of the new nation. The Federal court system, closely resembling the one created in 1789, has endured with minor adjustments. State courts continue to decide a larger volume of cases compared to federal courts. However, federal courts play a crucial role in safeguarding civil rights and liberties, ensuring that laws align with the Constitution, and setting limits on democratic governments to protect the rights of minorities.

Frequently asked questions

The Federal Judiciary Act of 1789 established a Federal court system, outlining the jurisdiction and powers of the district and circuit courts, and the qualifications and authority of federal judges, district attorneys, court clerks, U.S. Marshals, and Deputy Marshals.

Article III, also known as the cornerstone of the legal system, establishes the judiciary branch of the government and the Supreme Court. It also permits Congress to decide how to organise the Supreme Court and other federal courts.

The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction on cases that involve constitutional or federal law. The Court plays a crucial role in ensuring that each branch of the government recognises its power limits and protects civil rights and liberties.

Some Framers argued that the federal government needed courts to enforce its laws effectively. Without a federal court system, hostile states might thwart the federal government. A federal court system was seen as a way to ensure the federal government had a presence across the nation.

While the Federal Judiciary Act of 1789 established the foundation of the federal court system, Congress has continued to build upon it. Over time, various Acts of Congress have altered the number of seats on the Supreme Court. The system has also evolved to address issues such as balancing law and order with individual freedoms and state rights.

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