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The Judiciary Act of 1789 was one of the first acts of the new Congress and established the federal judiciary system of the United States. Signed by President Washington on September 24, 1789, the Act set the number of Supreme Court justices at six: 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 ratified the Constitution at the time. The Judiciary Act of 1789 was the first act of Congress to be partially invalidated by the Supreme Court, as a clause granting the Supreme Court the power to issue writs of mandamus under its original jurisdiction was later declared unconstitutional.
| Characteristics | Values |
|---|---|
| Year | 1789 |
| Date | 24 September |
| Congress | First |
| Session | First |
| Established | Federal judiciary of the United States |
| Supreme Court Justices | Six (one Chief Justice and five Associate Justices) |
| Jurisdiction | Original and appellate |
| Federal court system | Established |
| Federal District Courts | Established |
| Circuit Court | Established |
| Judicial districts | 13 |
| Office of Attorney General | Created |
| United States Attorney | Created |
| United States Marshal | Created |
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What You'll Learn
The Judiciary Act of 1789 established the federal judiciary system
The Judiciary Act of 1789 was one of the first acts of the new Congress, signed by President Washington on September 24, 1789. It established the federal judiciary system of the United States, creating a Supreme Court with six justices. The Act also established the lower federal court system, setting up 13 judicial districts within the 11 states that had ratified the Constitution at the time. Each state comprised one district, except for Virginia and Massachusetts, which had two each.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction, as provided for in the Constitution. This included the power to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, in the Marbury v. Madison case, the Supreme Court held that a clause granting this power was unconstitutional, as it enlarged the Court's original jurisdiction beyond what the Constitution permitted. This was the first instance of the Supreme Court partially invalidating an Act of Congress.
The Act also granted the Supreme Court appellate jurisdiction in cases from the Federal circuit courts and state courts where Federal claims had been rejected. Congress decided to give Federal courts a more restrictive jurisdiction than what was allowed by the Constitution, recognising that a full-blown Federal court system would not be palatable to the people of the United States at the time.
The Judiciary Act of 1789 also created the Office of Attorney General, who was responsible for representing the United States before the Supreme Court. Additionally, it established a United States Attorney and a United States Marshal for each judicial district. The Act's language was broad, allowing Marshals to "execute throughout the District, all lawful precepts directed to him, and issued under the authority of the United States." This broad language ensured the Act's implementation without much challenge.
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It outlined the jurisdiction of federal courts
The Judiciary Act of 1789 was one of the first acts of the new Congress, establishing a Federal court system. The Act created a Supreme Court with six justices, as well as a lower federal court system. It also 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 Judiciary Act outlined the jurisdiction of federal courts, granting the Supreme Court original jurisdiction in certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. The Supreme Court was also given appellate jurisdiction, allowing it to hear cases on appeal that involved points of constitutional or federal law. These included cases where the United States was a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).
The Act also authorized the removal of lawsuits to federal circuit courts for individuals sued by citizens of another state in the plaintiff's home state court. This was a significant innovation, as it asserted the primacy of national judicial power over that of the states. The Act did not grant original federal question jurisdiction to the federal courts, which is why diversity has been described as the "original" and "ancient" jurisdiction of the federal courts.
The Judiciary Act of 1789 was a landmark piece of legislation, shaping the judicial system of the United States for nearly a century. It reflected the belief of the new nation's founders in the importance of establishing a national judiciary.
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The Act created the office of the Attorney General
The Judiciary Act of 1789, enacted on September 24, 1789, created the office of the Attorney General, who is the head of the Department of Justice and the federal government's chief law enforcement officer.
The Attorney General's primary responsibility was to represent the United States before the Supreme Court. They also advise the President and the Cabinet on legal matters and make recommendations for appointments to federal judicial positions. The Attorney General also has the authority to direct and control U.S. Attorneys and other counsel employed on behalf of the United States.
The Judiciary Act of 1789 was one of the first acts of the new Congress, establishing a federal court system and a national judiciary. This act set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. The Supreme Court was given original jurisdiction over certain cases, such as suits between states or cases involving ambassadors, and appellate jurisdiction over decisions of the federal circuit courts and state courts.
The Act also created 13 judicial districts within the 11 states that had ratified the Constitution at the time, establishing a circuit court and district court in each district. The Judiciary Act of 1789 was significant in shaping the judicial system of the United States, which remained largely unchanged until after the Civil War.
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It set the number of Supreme Court justices at six
The Judiciary Act of 1789 was enacted by the First Congress during its first session. It established the federal judiciary system 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 was a significant piece of legislation in the early history of the United States, as it was one of the first acts of the new Congress and played a crucial role in establishing the country's judicial system. The Act created a Supreme Court with six justices, including a Chief Justice and five Associate Justices. This was the first time that the Supreme Court was officially established with a specified number of justices.
The establishment of the Supreme Court's size and composition was an important step in organizing the country's highest judicial tribunal. The Act also divided the country into judicial districts, which were organized into circuits. Each state comprised one district, except for Virginia and Massachusetts, which were each divided into two districts due to their size. The justices were required to hold circuit court twice a year in their assigned judicial district.
The Judiciary Act of 1789 also had a significant impact on the Supreme Court's jurisdiction. It granted the Court original jurisdiction, which meant that it was the first and only court to hear specific cases, such as disputes between states or cases involving ambassadors. Additionally, the Act gave the Supreme Court the power to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, this provision was later declared unconstitutional in the Marbury v. Madison case, as it was found to exceed the Court's original jurisdiction as permitted by the Constitution.
Over time, the number of justices on the Supreme Court has changed. While the Judiciary Act of 1789 set the number at six, subsequent Acts of Congress have altered the size of the Court. Shortly after the Civil War, the number of seats was fixed at nine, and today, there are nine justices on the Court, including one Chief Justice and eight Associate Justices.
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The Act was the first to be partially invalidated by the Supreme Court
The Judiciary Act of 1789 was enacted during the first session of the First United States Congress and established the federal judiciary system of the United States. The Act created a Supreme Court with six justices, including one Chief Justice and five Associate Justices. It also established a lower federal court system, creating 13 judicial districts within the 11 states that had ratified the Constitution at the time.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law. However, in the case of Marbury v. Madison (1803), the Supreme Court held that a clause in Section 13 of the Judiciary Act was unconstitutional. The Court ruled that this clause purported to enlarge the original jurisdiction of the Supreme Court beyond what was permitted by the Constitution.
This ruling established an important precedent, known as judicial review, which affirmed the power of the judiciary to interpret the Constitution and declare any laws contrary to it as unenforceable. This was the first time that an Act of Congress was partially invalidated by the Supreme Court, and it demonstrated the Court's role in ensuring that the branches of government recognize the limits of their power and protecting civil rights and liberties.
The Judiciary Act of 1789 also included other significant provisions, such as the creation of the Office of Attorney General and the establishment of a United States Attorney and Marshal for each judicial district. The 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 that asserted the primacy of the national judicial power over that of the states.
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Frequently asked questions
The Judiciary Act of 1789 is a United States federal statute that established the federal judiciary system and the lower federal courts. It also set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices.
The Judiciary Act was passed to establish a national judiciary, which the founders of the new nation believed was one of their most important tasks. It 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.
The key provisions of the Judiciary Act included:
- Establishing a Supreme Court with six justices.
- Creating 13 judicial districts within the 11 states that had ratified the Constitution at the time.
- Granting the Supreme Court original jurisdiction in certain cases, such as those involving suits between two or more states or cases involving ambassadors.
- Creating the Office of Attorney General, as well as a United States Attorney and a United States Marshal for each judicial district.
