Concept

Judiciary Act of 1789

Résumé
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. 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. 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 had denounced the judicial power as a potential instrument of national tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, 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. Senator Richard Henry Lee (AA-Virginia) reported the judiciary bill out of committee on June 12, 1789; Oliver Ellsworth of Connecticut, 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 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 George Washington signed the Act into law on September 24, 1789. The Act set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices.
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