Simone Lawson
The U.S. Constitution establishes the federal judiciary in Article III, which also created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The Justice Department, on the other hand, was created by the U.S. Congress in 1870 during the presidency of Ulysses S. Grant. Its functions, however, date back to 1789 when the Judiciary Act created the office of the Attorney General. The Act to Establish the Department of Justice increased the Attorney General's responsibilities, including the supervision of all U.S. attorneys and the prosecution of all federal crimes.
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What You'll Learn
- The US Congress created the Justice Department in 1870
- The Judiciary Act of 1789 created the office of the Attorney General
- The Supreme Court has original jurisdiction over certain cases
- The Judiciary Act of 1789 gave the Supreme Court the power to issue writs of mandamus
- The Department of Justice has field offices in all US states and territories
The US Congress created the Justice Department in 1870
The "Act to Establish the Department of Justice" significantly expanded the Attorney General's responsibilities. These now included overseeing all US attorneys, prosecuting federal crimes, and representing the United States in court proceedings. The Department of Justice was also responsible for defending claims and demands against the government and supervising the work of US attorneys, marshals, and clerks.
The Department of Justice is headquartered in Washington, D.C., and maintains field offices across all states and territories of the United States. It also has a presence in over 50 countries worldwide. The department is composed of more than 40 separate organisations and over 115,000 employees. Its mission is to uphold the rule of law, protect civil rights, and keep the country safe.
The Supreme Court, established by Article III of the US Constitution, is the highest court in the land and the court of last resort for those seeking justice. It has the power to declare a Legislative or Executive act in violation of the Constitution, a power known as judicial review. The Court also has the final say on whether a Constitutional right has been violated.
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The Judiciary Act of 1789 created the office of the Attorney General
The Judiciary Act of 1789, enacted on September 24, 1789, created the office of the Attorney General. This Act was one of the first acts of the new Congress, establishing a Federal court system and addressing questions left unanswered by Article III of the US Constitution. Article III, Section 1 of the Constitution states that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts" as Congress may establish. However, it left the composition and procedures of the courts to be determined by Congress.
The Judiciary Act of 1789 established the federal judiciary system, outlining the jurisdiction and powers of district and circuit courts, as well as the qualifications and authority of federal judges, district attorneys, court clerks, US Marshals, and Deputy Marshals. It also set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. The Act further specified the seniority of the associate justices, with Section 1 assigning seniority based on the dates on their judicial commissions received from President Washington.
The office of the Attorney General, established by this Act, was initially a part-time position for a single person. The Attorney General's primary responsibility was to represent the United States before the Supreme Court and to provide legal advice to the President and Congress. Over time, the role expanded with the growth of bureaucracy, and in 1819, the Attorney General shifted to advising Congress exclusively to manage their workload effectively.
The Judiciary Act of 1789 was a significant step in establishing the national judiciary, which the founders of the new nation considered a crucial task. The Act's passage was a compromise between Federalists and Anti-Federalists, resulting in a system that satisfied neither side but served its purpose of balancing federal authority with state rights.
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The Supreme Court has original jurisdiction over certain cases
The US Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. Article III of the Constitution created the Supreme Court and authorised Congress to pass laws establishing a system of lower courts.
The Supreme Court has original jurisdiction in certain cases, which means it can hear a case directly without it going through lower courts first. Original jurisdiction only applies to specific cases, including those involving disputes between different states and diplomats from foreign countries.
Article III, Section 2, Clause 2 of the Constitution grants the Supreme Court original jurisdiction over all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. This means that a party may commence litigation in the Supreme Court in the first instance rather than reaching the high court on appeal from a state court or an inferior federal court.
The Supreme Court's original jurisdiction is not necessarily exclusive. In some cases, Congress has granted lower federal courts concurrent jurisdiction, meaning that cases subject to original Supreme Court jurisdiction may be filed directly in the Supreme Court or in one of the lower federal courts.
The Supreme Court's original jurisdiction is self-executing and flows directly from the Constitution. However, in Section 13 of the Judiciary Act of 1789, Congress also purported to grant the Court original jurisdiction. This statutory conveyance still exists today but does not encompass all cases included in the Constitutional grant of original jurisdiction.
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The Judiciary Act of 1789 gave the Supreme Court the power to issue writs of mandamus
Article III of the US Constitution establishes the judicial branch as one of the three distinct branches of the federal government. The three branches—the legislative, executive, and judicial—operate within a constitutional system of checks and balances.
The US Constitution also created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The nation's 94 district or trial courts are called US district courts, and there are 90 US bankruptcy courts.
However, in Marbury v. Madison, the portion of Section 13 of the Judiciary Act of 1789 that authorized the Supreme Court to issue writs of mandamus in the exercise of its original jurisdiction was held invalid as an unconstitutional enlargement of the Supreme Court's original jurisdiction. The Court ruled that this exceeded the authority allotted to it under Article III of the Constitution and was therefore null and void.
The Judiciary Act of 1789 also established the office of the attorney general as a part-time position for one person. The attorney general gave legal advice to the US Congress and the president.
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The Department of Justice has field offices in all US states and territories
The US Constitution establishes the Justice Department, also known as the Department of Justice (DOJ), as one of the three distinct branches of the federal government. The DOJ upholds the rule of law, protects civil rights, and works to keep the country safe. It is composed of over 40 separate organisations and has more than 115,000 employees.
The Department of Justice maintains field offices in all US states and territories, as well as in over 50 countries worldwide. Its headquarters are in Washington, D.C., in the Robert F. Kennedy Building. The DOJ consists of multiple components and agencies, including the FBI, the Drug Enforcement Administration (DEA), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The history of the DOJ dates back to 1789 with the creation of the office of the Attorney General. However, the official establishment of the Justice Department occurred in 1870 during the presidency of Ulysses S. Grant. The Act to Establish the Department of Justice significantly expanded the Attorney General's responsibilities, including the supervision of all US attorneys, the prosecution of federal crimes, and the representation of the US in court proceedings.
The DOJ's mission is to enforce the law, defend US interests, ensure public safety, provide leadership in crime prevention, seek just punishment for the guilty, and ensure fair and impartial justice administration for all Americans. The department works to earn the public's trust by following the facts and the law without prejudice or improper influence. It also upholds high standards of ethical behaviour and values differences in people and ideas, treating everyone with fairness, dignity, and compassion.
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Frequently asked questions
The U.S. Congress created the Justice Department in 1870, during the presidency of Ulysses S. Grant. However, its functions date back to 1789 when the Judiciary Act of 1789 created the office of the Attorney General.
The mission of the Department of Justice is to uphold the rule of law, keep the country safe, and protect civil rights.
The three branches of the federal government are the legislative, executive, and judicial branches.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws.
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has original jurisdiction over certain cases and appellate jurisdiction over almost any other case involving a point of constitutional or federal law.
