The Judiciary Act of 1789 — Establishment of the Federal Court System

Article III, Section 1 of the United States Constitution gave Congress the power to set up the federal court system. The Constitution says, “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 was passed to establish the federal court system in the United States, including the Supreme Court, the lower courts, and the circuit courts. It clarified the roles and powers of the federal courts and established the office of the attorney general of the United States. The act was passed to align with Article III, Section 1, of the U.S. Constitution, which vested the judicial power of the United States in one Supreme Court and other inferior courts that Congress may establish from time to time.

The main author of the Judiciary Act of 1789 was Oliver Ellsworth. Ellsworth was a drafter of the United States Constitution and became the third Chief Justice of the United States. Ellsworth was considered to be one of the nation’s leading legal experts and made significant contributions to the development of the United States legal system. William Samuel Johnson also played a role in helping develop the act.

A Federal Court System did not exist under the Articles of Confederation, which was a significant weakness. The Constitution gave Congress the power to create a Federal Court System. The Judiciary Act of 1789 was the first step in doing so. The act was intended to help ensure the operation of the new government by providing a means for resolving disputes and enforcing federal laws.

The Judiciary Act of 1789 organized the Federal Court System in the United States, including the Supreme Court, the lower courts, and the circuit courts. It clarified the roles and powers of the Federal Courts by outlining the number of lower courts and the role and salaries of judges. It also established the powers of the courts, the law, and their areas of jurisdiction.

The Judiciary Act of 1789 established the Office of the Attorney General of the United States. The Attorney General is the head of the United States Department of Justice and the chief lawyer of the Federal Government. The Attorney General is appointed by the President and serves as a member of the President’s Cabinet. The first Attorney General of the United States was Edmund Jennings Randolph.

The Judiciary Act of 1789 established the Supreme Court as the highest court in the nation. It outlined the composition of the court, which included one chief judge and five associate judges — called Justices. It also established that all decisions made by the Supreme Court would be final. The act granted the Supreme Court the power to settle disputes between states, which has been an important role of the court throughout its history.

President Washington nominated six men to Congress for the Supreme Court. They were: John Jay, John Rutledge, William Cushing, James Wilson, John Blair, and Robert H. Harrison. Jay was nominated for the position of Chief Justice.

The Judiciary Act of 1789 established the Circuit Courts, which served as the principal trial courts in the Federal Court System. Each Circuit Court consisted of a local district judge and two Supreme Court justices who presided over the court. The Circuit Courts exercised limited appellate jurisdiction, which is the power of a court to review decisions made by lower courts and potentially change the outcome of those decisions. The Supreme Court justices were required to visit the Circuit Courts, which is where the term “riding the circuit” originated.

A Writ of Mandamus is a legal order that requires a public official to perform a duty that they are legally obligated to perform. The Judiciary Act of 1789 allowed for the appeal of a decision to a higher court with a petition for a Writ of Mandamus. However, the order could only be issued in exceptional circumstances. This clause was declared unconstitutional by the Supreme Court in Marbury v. Madison, and the Judiciary Act of 1789 was the first act of Congress to be partially invalidated by the Supreme Court.