Jonah Patel
The Judiciary Act of 1789 was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States, outlining the structure and jurisdiction of the district and circuit courts, and the qualifications and authority of federal judges, district attorneys, court clerks, U.S. Marshals, and Deputy Marshals. The Act also created 13 judicial districts within the 11 states that had ratified the Constitution at the time, with each state comprising one district, except for Virginia and Massachusetts, which comprised two each. The Judiciary Act of 1789 is significant as it provided a framework for the organization of the U.S. federal court system, which was only generally outlined in the U.S. Constitution.
| Characteristics | Values |
|---|---|
| Date of enactment | September 24, 1789 |
| Enacted by | First United States Congress |
| Signed by | President George Washington |
| Principal authors | Senators Oliver Ellsworth and William Paterson |
| Established | Federal judiciary of the United States |
| Composition of Supreme Court | One Chief Justice and five Associate Justices |
| Jurisdiction of Supreme Court | Original jurisdiction over civil actions between states, or between a state and the US, and suits involving diplomats; appellate jurisdiction over decisions of federal circuit courts and state courts involving federal law |
| Other provisions | Created 13 judicial districts within 11 states, with one court and one judge in each; established the Office of Attorney General; created a United States Attorney and a United States Marshal for each judicial district; included the Alien Tort Statute |
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What You'll Learn
- The Judiciary Act of 1789 established the federal judiciary of the United States
- The Act created a Supreme Court with six justices
- It also established the lower federal court system
- The Act set the jurisdiction and powers of the district and circuit courts
- The Judiciary Act of 1789 included the Alien Tort Statute
The Judiciary Act of 1789 established the federal judiciary of the United States
The Judiciary Act of 1789, officially titled "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington on September 24, 1789. It established the federal judiciary of the United States, creating a three-part judiciary system consisting of district courts, circuit courts, and the Supreme Court. This act set the foundation for the organization of the U.S. federal court system, which had only been outlined in general terms in the U.S. Constitution up to that point.
The Judiciary Act of 1789 addressed the questions raised by Article III of the Constitution, which established the federal judiciary but lacked detailed provisions for its implementation. The Act specified the jurisdiction and powers of the district and circuit courts, granting them limited jurisdiction, and outlined the structure and qualifications of federal judges, district attorneys, court clerks, U.S. Marshals, and Deputy Marshals. It also established the number of Supreme Court justices at six: one Chief Justice and five Associate Justices, with the power to settle disputes between states and review state court judgments in cases arising under federal law or the Constitution.
The Act created 13 judicial districts within the 11 states that had ratified the Constitution at the time, with each state comprising one district, except for Virginia and Massachusetts, which had two each. This division ensured that each district had its own court and judge, along with attorneys responsible for civil and criminal actions within their respective jurisdictions. The Judiciary Act also authorized the removal of lawsuits to federal circuit courts if a person was sued by a citizen of another state in the plaintiff's home state. This "removal jurisdiction" was a significant innovation, asserting the primacy of national judicial power over state courts.
The Judiciary Act of 1789 also established the Office of the Attorney General, who was responsible for representing the United States before the Supreme Court. Additionally, it included the Alien Tort Statute, which provided jurisdiction to district courts over lawsuits by aliens for torts violating U.S. treaties or international law. The Act's creation of a federal judiciary system was a controversial topic during the debates over the ratification of the Constitution, with Anti-Federalists concerned about the potential for judicial power to become an instrument of national tyranny.
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The Act created a Supreme Court with six justices
The Judiciary Act of 1789 (ch. 20, 1 Stat. 73) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. The Act created a Supreme Court with six justices: one Chief Justice and five Associate Justices.
The Judiciary Act of 1789 was the first time Congress exercised its power to organise the Supreme Court, as permitted by Article III, Section I of the Constitution. This article states that "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." While the Constitution establishes the Supreme Court, it does not specify the number of justices or the Court's composition and procedures, leaving these decisions to Congress.
The Judiciary Act of 1789 also established the lower federal court system, creating 13 judicial districts within the 11 states that had ratified the Constitution at that time. Each state comprised one district, except for Virginia and Massachusetts, which had two each. The Act also included the Alien Tort Statute, which provided jurisdiction to district courts over lawsuits by aliens for torts in violation of US laws or treaties.
The first six persons to serve on the United States Supreme Court were: John Jay (Chief Justice), John Rutledge, William Cushing, James Wilson, John Blair Jr., and James Iredell (Associate Justices). All six of President Washington's Supreme Court nominees were confirmed by the Senate.
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It also established the lower federal court system
The Judiciary Act of 1789 was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States.
The Judiciary Act of 1789 created a Supreme Court with six justices: one Chief Justice and five Associate Justices. It also established the lower federal court system, creating 13 judicial districts within the 11 states that had then ratified the Constitution. Each state comprised one district, except for Virginia and Massachusetts, each of which comprised two. The Act established a circuit court and district court in each judicial district (except in Maine and Kentucky, where the district courts exercised much of the jurisdiction of the circuit courts).
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, U.S. Marshals, and Deputy Marshals. It created the Office of Attorney General, whose primary responsibility was to represent the United States before the Supreme Court. The Act also created a United States Attorney and a United States Marshal for each judicial district.
The Judiciary Act of 1789 was the result of lengthy and heated debate in the First Congress. It was shaped by the limits on federal power imposed by the Bill of Rights, with the Anti-Federalists, who jealously guarded the rights of the states, denouncing the judicial power as a potential instrument of national tyranny.
The Act provided a charter for the federal judicial system, and with minor adjustments, it is the same system in place today.
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The Act set the jurisdiction and powers of the district and circuit courts
The Judiciary Act of 1789 was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States, setting the jurisdiction and powers of the district and circuit courts.
The Act created 13 judicial districts within the 11 states that had then ratified the Constitution. Each state comprised one district, except for Virginia and Massachusetts, which comprised two each. The Act established a circuit court and a district court in each judicial district. The district courts were given jurisdiction over admiralty and maritime cases. The Act also included the Alien Tort Statute, which provided jurisdiction in the district courts over lawsuits by aliens for torts in violation of the law of nations or treaties of the United States.
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 all civil actions between states, or between a state and the United States, as well as over all suits and proceedings brought against ambassadors and other diplomatic personnel. The Court was also given original, but not exclusive, jurisdiction over all other cases in which a state was a party and any cases brought by an ambassador.
The Judiciary Act of 1789 was the result of a lengthy and heated debate between the Federalists, who wanted a strong federal government, and the Anti-Federalists, who guarded the rights of the states. The Act was drafted by a Special Judiciary Committee, which included Oliver Ellsworth of Connecticut and William Paterson of New Jersey. Ellsworth wrote the sections covering the scope of authority of the courts, while Paterson penned the first nine sections, dealing with the mechanics of the judicial system.
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The Judiciary Act of 1789 included the Alien Tort Statute
The Judiciary Act of 1789 was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States, setting the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. The Judiciary Act of 1789 also included the Alien Tort Statute (ATS), now codified as 28 U.S.C. § 1350. The ATS grants federal district courts original jurisdiction over any civil action brought by an alien for a tort committed in violation of the law of nations or a treaty of the United States.
The ATS was included in the Judiciary Act of 1789 in response to a series of international incidents involving foreign citizens in the United States. For example, in 1784, French diplomat François Barbé-Marbois was assaulted in Philadelphia, but no legal remedy was available to him as prosecution was left to the discretion of local authorities. This incident prompted Congress to draft a resolution asking states to allow suits in tort for violations of the law of nations, but few states enacted such provisions. The ATS was intended to assure foreign governments that the U.S. would prevent and remedy breaches of customary international law, especially those concerning diplomats and merchants.
The ATS is one of the oldest federal laws still in effect in the U.S., but its exact purpose and scope remain debated. The U.S. Supreme Court has interpreted the Act's primary purpose as " [promoting] harmony in international relations by ensuring foreign plaintiffs a remedy for international-law violations in circumstances where the absence of such a remedy might provoke foreign nations to hold the United States accountable." Since 1980, courts have generally interpreted the ATS to allow foreign nationals to seek remedies in the U.S.
The applicability of the ATS has been interpreted differently by different circuit courts. For example, in the Nestle/Cargill ruling, the Ninth and Fourth Circuits supported investigating Nestle's liability, while the Second Circuit maintained that the Statute did not apply to corporate liability. The Supreme Court ultimately ruled that the federal judiciary lacked jurisdiction over the case due to the defendants' insufficient connections to the U.S. The ATS has also been interpreted to allow for lawsuits against both natural and legal persons, but not against state governments due to sovereign immunity.
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Frequently asked questions
No, the Judiciary Act is not a part of the US Constitution. The Judiciary Act of 1789 was a federal statute enacted by the First Congress on September 24, 1789, to establish the federal judiciary system. The US Constitution, on the other hand, is the supreme law of the land and outlines the basic structure and powers of the three branches of government, including the judiciary.
The Judiciary Act of 1789 established the federal judiciary of the United States and outlined the structure and jurisdiction of the district and circuit courts, as well as the qualifications and authority of federal judges, attorneys, and court clerks. It created a Supreme Court with six justices and established the lower federal court system.
The Judiciary Act of 1789 created a three-part judiciary system consisting of district courts, circuit courts, and the Supreme Court. It established 13 judicial districts within the 11 states that had ratified the Constitution at the time, with each state comprising one district, except for Virginia and Massachusetts, which had two each. The Act also set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. It granted the Supreme Court original and appellate jurisdiction over certain cases, as outlined in Article III, Section II of the Constitution.
