
The national court system in the United States was established by the First Congress through the Judiciary Act of 1789, signed by President Washington on September 24, 1789. Article III of the Constitution, which deals with the judiciary branch of government, establishes the federal judiciary and the Supreme Court. While the Constitution outlines the creation of the Supreme Court, it permits Congress to decide how to organize it and establish lower federal courts. Article III, Section I 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. The Supreme Court has original jurisdiction over certain cases and appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
| Characteristics | Values |
|---|---|
| Article of the Constitution that created the national court system | Article III |
| Section of Article III that establishes the federal judiciary | Section I |
| Section of Article III that establishes the jurisdiction of the Supreme Court | Section II |
| Number of justices in the Supreme Court initially | Six |
| Current number of justices in the Supreme Court | Nine |
| Number of seats in the Supreme Court after the Civil War | Five |
| Highest number of seats in the Supreme Court | Ten |
| Current number of Associate Justices in the Supreme Court | Eight |
| Date the Judiciary Act was signed by President Washington | September 24, 1789 |
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What You'll Learn
- Article III of the Constitution establishes the federal judiciary
- The Constitution permits Congress to decide how to organise the Supreme Court
- The Judiciary Act of 1789 created a Supreme Court with six justices
- The Judiciary Act of 1789 established the lower federal court system
- The Supreme Court has original and appellate jurisdiction

Article III of the Constitution establishes the federal judiciary
Article III of the US Constitution establishes the federal judiciary. Article III, Section I states:
> "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."
This article establishes the Supreme Court, but it also permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. This act also gave the Supreme Court original jurisdiction, which had been provided for in the Constitution, and granted the Court appellate jurisdiction in cases from the federal circuit courts and state courts where federal claims had been rejected.
The Constitution does not outline a detailed plan for the federal judiciary. The importance of the federal judiciary became more evident as the delegates proceeded with their work. The framers of the Constitution had no practical model of a court to serve the whole nation. They looked to the experience of the state courts for lessons on how to make a judiciary independent and ensure a proper separation of powers.
The Supreme Court is the highest court in the United States and is the court of last resort for those seeking justice. It plays an essential role in ensuring that each branch of government recognises the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution.
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The Constitution permits Congress to decide how to organise the Supreme Court
The Constitution of the United States establishes the federal judiciary and the Supreme Court. Article III, Section I of the Constitution 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." This provision gives Congress the power to decide how to organise the Supreme Court and the lower federal court system.
The First Congress established a Federal court system through the Judiciary Act, signed by President Washington on September 24, 1789. This Act created a Supreme Court with six justices and established the lower federal court system. The Judiciary Act of 1789 also gave the Supreme Court original jurisdiction to issue writs of mandamus, which are legal orders compelling government officials to act in accordance with the law.
Over the years, Congress has used its power to alter the number of seats on the Supreme Court, which has ranged from a low of five to a high of 10. After the Civil War, the number of seats was fixed at nine, which remains the current number. The Supreme Court consists of one Chief Justice and eight Associate Justices.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, outlining the types of cases over which the Court has original and appellate jurisdiction. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors and other public ministers. It has appellate jurisdiction over a wide range of cases involving constitutional or federal law, including those in which the United States is a party, cases involving treaties, and admiralty cases.
The Supreme Court plays a crucial role in the constitutional system of government. It serves as the highest court in the land and is the court of last resort for those seeking justice. One of its essential powers is judicial review, which allows the Court to ensure that each branch of government recognises its limits and protects civil rights and liberties by striking down laws that violate the Constitution. The Court also sets limits on democratic government, safeguarding the fundamental values common to all Americans, such as freedom of speech, freedom of religion, and due process of law.
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The Judiciary Act of 1789 created a Supreme Court with six justices
Article III, Section I of the US Constitution establishes the federal judiciary and 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 gives Congress the power to decide how to organise it.
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices: one Chief Justice and five Associate Justices. The Judiciary Act of 1789 was signed into law by President George Washington on September 24, 1789, and it established the federal judiciary of the United States. The Act also created 13 judicial districts within the 11 states that had ratified the Constitution at that time.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, in the case of Marbury v. Madison (1803), the Supreme Court noted that the Constitution did not permit it to have original jurisdiction in this matter. This established the principle of judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution.
The Judiciary Act of 1789 also established the lower federal court system and gave the Supreme Court appellate jurisdiction in cases from the federal circuit courts and state courts where federal claims had been rejected. The Act set out the composition of the Supreme Court and the lower courts, including the number of justices and their seniority. The Act also provided for the appointment of district judges, United States Attorneys, and United States Marshals for various states.
The judicial system established by the Judiciary Act of 1789 remained largely unchanged for nearly a century. It provided the foundation for the federal court system that we have today, with only minor adjustments. The First Congress's interpretation of the Act continues to guide how Federal court jurisdiction is expanded or restricted.
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The Judiciary Act of 1789 established the lower federal court system
Article III, Section 1 of the US Constitution, establishes the federal judiciary. It 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." This provision, however, did not outline the composition or procedures of these courts, leaving it to Congress to decide.
The Judiciary Act of 1789, also known as Senate Bill Number One, was passed by the First Congress during its first session. It was signed into law by President George Washington on September 24, 1789, and established the federal judiciary system of the United States. This act created a Supreme Court with six justices—one Chief Justice and five Associate Justices.
The Judiciary Act of 1789 also established the lower federal court system. It created a structure consisting of district and circuit courts. The Act specified the jurisdiction and powers of these lower courts, outlining a limited jurisdiction for the district courts and establishing three circuits: the eastern, middle, and southern circuits. The eastern circuit consisted of the districts of New Hampshire, Massachusetts, Connecticut, and New York. The middle circuit comprised New Jersey, Pennsylvania, Delaware, Maryland, and Virginia, while the southern circuit included South Carolina and Georgia.
The Act also addressed the qualifications and authority of federal judges, district attorneys, court clerks, and law enforcement officers like U.S. Marshals and Deputy Marshals. The role of the federal Marshal was modelled after the county sheriff, a well-established law enforcement position at the local level by 1789.
The Judiciary Act of 1789 was a significant step in establishing the national judiciary, which the founders of the new nation considered one of their most important tasks. It provided a framework for the federal court system that, with minor adjustments, remains in place today.
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The Supreme Court has original and appellate jurisdiction
The national court system in the United States was established by the First Congress through the Judiciary Act, signed by President Washington on September 24, 1789. Article III of the Constitution establishes the federal judiciary, with Article III, Section I stating 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."
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, which has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. The Supreme Court has the power to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
The Supreme Court also has appellate jurisdiction, allowing it to hear cases on appeal that involve a point of constitutional or federal law. Examples include cases in which the United States is a party, cases involving treaties, and admiralty cases involving ships on the high seas or navigable waterways. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
In its appellate capacity, the Supreme Court has exclusive jurisdiction to hear appeals from the circuit court, including cases involving the death penalty, constitutional challenges to state statutes, and election-related judgments. The Supreme Court is the highest court in the land and serves as the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of government recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution.
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Frequently asked questions
Article III of the Constitution establishes the federal judiciary.
Article III, Section I 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."
The Judiciary Act of 1789 created a Supreme Court with six justices and established the lower federal court system.

























