Facts about
1789 Judiciary Act
The following fact sheet contains interesting facts and information
on 1789 Judiciary Act.
Why was the
1789 Judiciary Act
passed?
The 1789 Judiciary Act
was one of the first bills to be considered in the first
Congress. The bill was passed to reflect the wording of
Article III, Section 1, of the U.S. Constitution.
This 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."
1789 Judiciary Act for kids - The Constitution
The
Constitution established the Supreme Court as the highest court in
the US and outlined the number of lower courts and the role and the
salaries of the judges. Article 3 also covers
the powers of the courts, the law and their areas of
jurisdiction (control). 1789
Judiciary Act clarifies the court system further. The Judiciary Act
of 1789 was officially called "An Act to Establish the Judicial
Courts of the United States". It was signed into law by President
George Washington on September 24, 1789. It is interesting to note
that no authority for a jury was in the Constitution, and did
not exist for the Congress at the time the Judiciary Act of 1789 was
passed.
Authors of the
1789 Judiciary Act
The bill was mainly authored by Connecticut Senator
Oliver Ellsworth (1745-1807) and New Jersey Senator William Paterson
(1745-1807)They were considered two of the nation's leading legal
experts. Oliver Ellsworth was a drafter of the United States
Constitution and became the third Chief Justice of the United
States. William Paterson was one of the signers of the Constitution
and became an Associate Justice of the Supreme Court of the United
States.
1789 Judiciary Act for kids - The Attorney General
The
act also
established the office of 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 U.S. government. The attorney
general is an member of the cabinet and is appointed by the
president.
1789 Judiciary Act for kids - The Supreme Court
The
bill established that the Supreme Court would be composed of one
chief judge and five associate judges (called Justices) and that all
decisions made by the Supreme Court would be final. It also asserted
that the Supreme Court had the power to settle disputes between
states.
1789 Judiciary Act for kids - Circuit Courts
The
Circuit courts, which consisted of the middle tier of the federal
court system, were established to serve as principal trial courts. A
local district judge and two Supreme Court justices preside over the
circuit courts. The Circuit Courts exercise limited appellate
jurisdiction. Appellate jurisdiction is the power of a court to
review decisions and change outcomes of decisions of lower courts.
1789 Judiciary Act for kids - Lower Courts
The
1789 Judiciary Act divided the country into districts with one court
and one judge in each, together with attorneys (lawyers) responsible
for civil and criminal actions in their districts. A writ of
mandamus offered one exception to this rule allowing for the appeal
of a decision to a higher court with a petition for a Writ of
Mandamus. The order will be issued only in exceptional
circumstances. (This clause was declared unconstitutional by Marbury
v. Madison and the Judiciary Act of 1789 was the first act of
Congress to be partially invalidated by the Supreme Court - refer to
the Midnight Judges). |