
The Judiciary Act of 1789 was the first act of the new US Congress, signed into law by President George Washington on September 24, 1789. The Act established the federal judiciary system, outlining the jurisdiction and powers of district and circuit courts, and the qualifications and authority of federal judges, attorneys, and marshals. However, the Act has been criticised for violating the US Constitution, particularly in its establishment of a separate federal judiciary, and in granting the Supreme Court original jurisdiction beyond what was permitted by the Constitution.
| Characteristics | Values |
|---|---|
| Judiciary Act of 1789 | Established the federal judiciary of the United States |
| Article III, Section 1 of the Constitution | Prescribed that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts" as Congress saw fit to establish |
| Constitution | Made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide |
| Judiciary Act of 1789 | Created the Office of Attorney General, whose primary responsibility was to represent the United States before the Supreme Court |
| Judiciary Act of 1789 | Created a United States Attorney and a United States Marshal for each judicial district |
| Judiciary Act of 1789 | Created 13 judicial districts within the 11 states that had then ratified the Constitution |
| Judiciary Act of 1789 | Established a circuit court and district court in each judicial district |
| Judiciary Act of 1789 | Set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices |
| Judiciary Act of 1789 | Granted the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law) |
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What You'll Learn

The Judiciary Act of 1789 created a multi-tiered 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 multi-tiered federal court system, with a Supreme Court at the top, followed by circuit courts, and district courts at the lowest level.
The Act set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. It also established 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. This Act established a circuit court and district court in each judicial district. The Act also created the Office of the Attorney General, whose primary responsibility was to represent the United States before the Supreme Court.
The Judiciary Act of 1789 was significant because it established the federal court system and outlined the powers of the Supreme Court. It was one of the first acts of the new Congress and was signed into law by President George Washington. The founders of the new nation believed that establishing a national judiciary was one of their most important tasks. The Act addressed gaps in Article III of the Constitution, which established the Judicial Branch but left some responsibilities to Congress.
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It established the number of Supreme Court justices
The Judiciary Act of 1789 was the first act of Congress to implement the judicial system as outlined in the United States Constitution. One of its key provisions was the establishment of the number of Supreme Court justices, which it set at six, including a Chief Justice. This number remained unchanged until 1807, when Congress increased the number of justices to seven to handle the Court's growing caseload. While the Judiciary Act of 1789 did not explicitly violate the Constitution in setting the number of Supreme Court justices, subsequent debates and changes to the Court's size have sparked discussions about the appropriate number of justices and the political implications of altering the Court's composition.
The Constitution itself does not specify the exact number of Supreme Court justices, leaving it to Congress to determine the appropriate size of the Court. Article III, Section 1 of the Constitution grants Congress the power to ordain and establish inferior courts and set the number of Supreme Court justices. In exercising this authority, Congress passed the Judiciary Act of 1789, which set the initial number of justices at six.
The decision to establish six Supreme Court justices, including a Chief Justice, was based on several factors. Firstly, practicality played a role, as the country's population and judicial needs were relatively small at the time. A smaller Court allowed for more efficient decision-making and consensus-building. Additionally, there were only six circuit courts established by the Judiciary Act of 1789, making one justice per circuit a logical arrangement.
Another consideration was geographical representation. The six justices were appointed from different geographic regions of the country, ensuring diverse perspectives on the Court and helping to mitigate regional biases. This balanced representation was important in fostering public trust in the newly established judicial system.
While the Judiciary Act of 1789 did not violate the Constitution in setting the number of Supreme Court justices, subsequent changes to the Court's size have been more controversial. Over time, the size of the Court has fluctuated, reflecting political considerations and the changing needs of the nation. For example, in 1807, Congress added a seventh justice to address the growing caseload, and the number was temporarily increased to ten during the Civil War to ensure a quorum despite regional absences.
The debate over the appropriate number of Supreme Court justices continues to be a politically sensitive issue. Altering the composition of the Court can significantly impact the balance of ideological leanings on the bench and the interpretation of constitutional law. As a result, any changes to the number of Supreme Court justices are carefully weighed and debated to ensure that the Court remains a fair and independent arbiter of justice.
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It outlined the powers of the Supreme Court
The Judiciary Act of 1789 was the first major piece of legislation passed by the US Congress and signed into law by President George Washington. The Act established the US judiciary and outlined its structure and powers, including those of the
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It created the office of the Attorney General
The Judiciary Act of 1789 was signed into law by President George Washington on September 24, 1789. The Act established the federal judiciary of the United States, outlining the structure and jurisdiction of each branch of a three-part judiciary, including district courts, circuit courts, and the Supreme Court.
One of the most significant aspects of the Judiciary Act of 1789 was the creation of the Office of the Attorney General. The Attorney General was responsible for representing the United States before the Supreme Court and providing legal advice to the President and heads of government departments when required. This position was first held by Edmund Randolph.
The Act also authorised the appointment of a "meet person learned in the law" in each district to act as an Attorney for the United States, responsible for prosecuting civil and criminal actions within their district. These Attorneys for the United States, along with district judges, United States Marshals, and Deputy Marshals, formed part of the broader federal judicial system established by the Act.
The Judiciary Act of 1789 was a landmark piece of legislation that laid the foundation for the modern federal court system in the United States, shaping the composition and jurisdiction of the federal judiciary while addressing gaps left by Article III of the Constitution.
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It violated the Constitution by granting the Supreme Court original jurisdiction
The Judiciary Act of 1789 was the legislation that established the judicial court system in the United States. The Act was signed into law by President George Washington on September 24, 1789. It created a three-tier federal court system, with 13 judicial districts within the 11 states that had ratified the Constitution at the time.
The Act also set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. The Supreme Court was granted 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 granting of original jurisdiction to the Supreme Court by the Judiciary Act of 1789 was later declared unconstitutional in the Marbury v. Madison case. The Supreme Court held that the Act purported to enlarge the original jurisdiction of the Court beyond that permitted by the Constitution. This case established the principle that the judiciary can and must interpret what the Constitution permits and declare any laws contrary to it as unenforceable.
The issue of original jurisdiction for the Supreme Court arose from the vagueness of Article III of the Constitution, which established the Judicial Branch but left some responsibilities to Congress. The Judiciary Act of 1789 was intended to address these gaps and create a functioning judiciary. However, in doing so, it violated the Constitution by granting the Supreme Court original jurisdiction over certain cases that were not specified in Article III.
In conclusion, the Judiciary Act of 1789 violated the Constitution by granting the Supreme Court original jurisdiction over a broader range of cases than what was intended by the Constitution's framers. This violation was rectified by the Supreme Court's interpretation of the Constitution in the Marbury v. Madison case, which established the principle of judicial review and the supremacy of the Constitution over Acts of Congress.
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Frequently asked questions
No, the Judiciary Act of 1789 did not violate the Constitution. It was enacted to address gaps in Article III of the Constitution, which established the Judicial Branch but left certain responsibilities to Congress.
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 by creating a multi-tiered federal court system.
The Judiciary Act of 1789 established 13 judicial districts within the 11 states that had ratified the Constitution at the time. It also created a three-tier judicial system, with a Supreme Court at the top, followed by circuit courts, and district courts at the bottom. The Act set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices.
The Judiciary Act of 1789 was controversial because it gave the federal courts a more restrictive jurisdiction than that allowed by the Constitution. Anti-Federalists denounced the judicial power as a potential instrument of national tyranny.

























