The Judiciary Act of 1789 (ch. 20, ) 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 federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...

. Article III, Section 1 of the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

prescribed that the "judicial power of the United States, shall be vested in one

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide. The existence of a separate federal judiciary had been controversial during the debates over the ratification of the Constitution.

Anti-Federalists The Anti-Federalists were a late-18th-century political movement that opposed the creation of a stronger U.S. federal government and which later opposed History of the United States Constitution#1788 ratification, the ratification of the 1787 Uni ...

had denounced the judicial power as a potential instrument of national tyranny. Indeed, of the ten amendments that eventually became the

Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...

, five (the fourth through the eighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged that the federal court system be limited to a Supreme Court and perhaps local admiralty judges. Congress, however, decided to establish a system of federal trial courts with broader jurisdiction, thereby creating an arm for enforcement of national laws within each state.

Legislative history

Senator A senate is a deliberative assembly, often the upper house or Legislative chamber, chamber of a bicameral legislature. The name comes from the Ancient Rome, ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior ...

Richard Henry Lee Richard Henry Lee (January 20, 1732June 19, 1794) was an American statesman and Founding Father from Virginia, best known for the June 1776 Lee Resolution, the motion in the Second Continental Congress calling for the colonies' independence fr ...

( AA-

Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...

) reported the judiciary bill out of committee on June 12, 1789; Oliver Ellsworth of

Connecticut Connecticut ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the south. ...

, who would go on to serve as the third Chief Justice of the United States, was its chief author. The bill passed the Senate 14–6 on July 17, 1789, and the

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...

then debated the bill in July and August 1789. The House passed an amended bill 37–16 on September 17, 1789. The Senate struck four of the House amendments and approved the remaining provisions on September 19, 1789. The House passed the Senate's final version of the bill on September 21, 1789.

U.S. President The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...

George Washington George Washington (, 1799) was a Founding Fathers of the United States, Founding Father and the first president of the United States, serving from 1789 to 1797. As commander of the Continental Army, Washington led Patriot (American Revoluti ...

signed the Act into law on September 24, 1789.

Provisions of the Act

The Act set the number of

justices ''Justice'' (abbreviation: ame ''J.'' and other variations) is an honorific style and title traditionally used to describe a jurist who is currently serving or has served on a supreme court or some equal position. In some countries, a justice ma ...

at six: one Chief Justice and five Associate Justices. The Supreme Court was given exclusive

original jurisdiction In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...

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; and original, but not exclusive, jurisdiction over all other cases in which a state was a party and any cases brought by an ambassador. The Court was given appellate jurisdiction over decisions of the federal circuit courts as well as decisions by state courts holding invalid any statute or treaty of the United States; or holding valid any state law or practice that was challenged as being inconsistent with the federal constitution, treaties, or laws; or rejecting any claim made by a party under a provision of the federal constitution, treaties, or laws. The Act also created 13 judicial districts within the 11 states that had then ratified the Constitution (

North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...

and

Rhode Island Rhode Island ( ) is a state in the New England region of the Northeastern United States. It borders Connecticut to its west; Massachusetts to its north and east; and the Atlantic Ocean to its south via Rhode Island Sound and Block Is ...

were added as judicial districts in 1790, and other states as they were admitted to the Union). Each state comprised one district, except for

and

Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...

, each of which comprised two. Massachusetts was divided into the District of

Maine Maine ( ) is a U.S. state, state in the New England region of the United States, and the northeasternmost state in the Contiguous United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Provinces and ...

(which was then part of Massachusetts) and the District of Massachusetts (which covered modern-day Massachusetts). Virginia was divided into the District of

Kentucky Kentucky (, ), officially the Commonwealth of Kentucky, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders Illinois, Indiana, and Ohio to the north, West Virginia to the ...

(which was then part of Virginia) and the District of Virginia (which covered modern-day

West Virginia West Virginia is a mountainous U.S. state, state in the Southern United States, Southern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States.The United States Census Bureau, Census Bureau and the Association of American ...

and Virginia). This Act established a circuit court and

district court District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These courts generally work under a higher court which exercises control over the lower co ...

in each judicial district (except in Maine and Kentucky, where the district courts exercised much of the jurisdiction of the circuit courts). The circuit courts, which comprised a district judge and (initially) two Supreme Court justices "riding circuit", had original jurisdiction over serious crimes and civil cases of at least $500 involving

diversity jurisdiction In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction that gives United States federal courts the power to hear lawsuits that do not involve a federal question. For a federal court to have diversity ju ...

or the United States as plaintiff in

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

and equity. The circuit courts also had appellate jurisdiction over the district courts. The single-judge district courts had jurisdiction primarily over admiralty cases, petty crimes, and suits by the United States for at least $100. Notably, at this time, Congress did not grant original

federal question jurisdiction In United States law, federal question jurisdiction is a type of subject-matter jurisdiction that gives United States federal courts the power to hear civil cases where the plaintiff alleges a violation of the United States Constitution, feder ...

to the federal courts, which is why diversity has been described as the "original" and "ancient" jurisdiction of the federal courts. Congress authorized persons who were sued by citizens of another state, in the courts of the plaintiff's home state, to remove the lawsuit to the federal circuit court. According to Edward A. Purcell Jr., removal was the "most significant innovation" of the Act. The Constitution says nothing about removal jurisdiction, which "was a powerful device to assert the primacy of the national judicial power over that of the states." The Act created the Office of Attorney General, whose primary responsibility was to represent the United States before the Supreme Court. The Act also created a

United States Attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal ...

and a

United States Marshal The United States Marshals Service (USMS) is a Federal law enforcement in the United States, federal law enforcement agency in the United States. The Marshals Service serves as the enforcement and security arm of the United States federal judi ...

for each judicial district. The Judiciary Act of 1789 included the Alien Tort Statute, now codified as , which provides

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

in the district courts over lawsuits by aliens for

tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...

s in violation of the law of nations or treaties of the United States.

Implementation

Immediately after signing the Judiciary Act into law, President Washington submitted his nominations to fill the offices created by the Act. Among the nominees were

John Jay John Jay (, 1745 – May 17, 1829) was an American statesman, diplomat, signatory of the Treaty of Paris (1783), Treaty of Paris, and a Founding Father of the United States. He served from 1789 to 1795 as the first chief justice of the United ...

for

Chief Justice of the United States The chief justice of the United States is the chief judge of the Supreme Court of the United States and is the highest-ranking officer of the U.S. federal judiciary. Appointments Clause, Article II, Section 2, Clause 2 of the U.S. Constitution g ...

;

John Rutledge John Rutledge Jr. (September 17, 1739 – June 21, 1800) was an American Founding Fathers of the United States, Founding Father, politician, and jurist who served as one of the original Associate Justice of the Supreme Court of the United States ...

, William Cushing,

Robert H. Harrison Robert Hanson Harrison (1745 – April 2, 1790) was an American Army officer, attorney, and judge. He was a Continental Army veteran of the American Revolution and is most notable for his service as George Washington's military secretary, the ...

, James Wilson, and John Blair Jr. as Associate Justices; Edmund Randolph for

Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

; and myriad district judges,

s, and

United States Marshals The United States Marshals Service (USMS) is a Federal law enforcement in the United States, federal law enforcement agency in the United States. The Marshals Service serves as the enforcement and security arm of the United States federal judi ...

for

Delaware Delaware ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic and South Atlantic states, South Atlantic regions of the United States. It borders Maryland to its south and west, Pennsylvania to its north, New Jersey ...

Georgia Georgia most commonly refers to: * Georgia (country), a country in the South Caucasus * Georgia (U.S. state), a state in the southeastern United States Georgia may also refer to: People and fictional characters * Georgia (name), a list of pe ...

Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...

New Hampshire New Hampshire ( ) is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec t ...

New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...

, New York,

Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...

South Carolina South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...

, and

. All six of Washington's Supreme Court nominees were confirmed by the Senate. Harrison, however, declined to serve. In his place, Washington later nominated

James Iredell James Iredell (October 5, 1751 – October 20, 1799) was one of the first justices of the Supreme Court of the United States. He was appointed by President George Washington and served from 1790 until his death in 1799. His son, James Iredel ...

, who joined the Court in 1790, thereby bringing the Court to its "full strength" complement of six members. The first six persons to serve on the United States Supreme Court (ordered by seniority) were: File:John Jay (Gilbert Stuart portrait).jpg,

Chief Justice
Commissioned: September 26, 1789 File:John Rutledge color painting.jpg,

Associate Justice
Commissioned: September 26, 1789 File:WilliamCushing.jpg, William Cushing
Associate Justice
Commissioned: September 27, 1789 File:JusticeJamesWilson.jpg, James Wilson
Associate Justice
Commissioned: September. 29, 1789 File:John Blair (page 82 crop).jpg, John Blair
Associate Justice
Commissioned: September 30, 1789 File:JamesIredell.jpg,

Associate Justice
Commissioned: February 10, 1790 The seniority of the associate justices was set by § 1 of the Judiciary Act of 1789, which assigned seniority by the dates borne on the judicial commissions each justice received from President Washington prior to taking office. This rule setting seniority of the justices is today codified at Title .

Judicial review

A clause in Section 13 of the Judiciary Act, which granted the Supreme Court the power to issue writs of mandamus under its original jurisdiction, was later declared

unconstitutional In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...

. In ''

Marbury v. Madison ''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find ...

'', one of the seminal cases in American law, the Supreme Court held that it was unconstitutional because it purported to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. The case was the first that clearly established that the judiciary can and must interpret what the Constitution permits and declare any laws which are contrary to the Constitution as unenforceable. Thus, the Judiciary Act of 1789 was the first act of Congress to be partially invalidated by the Supreme Court.

References

External links

Judiciary Act of 1789
as enacted
1 Stat. 73
in the US Statutes at Large
Judiciary Act of 1789: Primary Documents of American History (Library of Congress)

Judiciary Act of 1789
on

Google Books Google Books (previously known as Google Book Search, Google Print, and by its code-name Project Ocean) is a service from Google that searches the full text of books and magazines that Google has scanned, converted to text using optical charac ...

{{Authority control 1789 in American law United States federal judiciary legislation History of the Supreme Court of the United States Acts of the 1st United States Congress Richard Henry Lee