The Judiciary Act of 1789: Explained

The need for this law arose from the fact that Article III of the Constitution only provided a basic structure for the Supreme Court of the United States and lower federal courts. Also known as the Federal Judiciary Act, the Judiciary Act of 1789 filled in the details and created a functioning judicial branch.

One of the United States’ first major pieces of legislation, the Judiciary Act of 1789 created a strong federal judicial system for the new nation.

Key Historical Figures

Several other figures played a key part in the passage of the Judiciary Act:

• Senator Oliver Ellsworth of Connecticut primarily authored the Act (and later became the third chief justice of the Supreme Court).
• Senator William Paterson of New Jersey played a significant role in drafting the Act.
• Senator Richard Henry Lee of Virginia introduced it to the Senate.
• Representative Fisher Ames of Massachusetts brought it to the House of Representatives.

After the country’s first Congress passed the Act, President George Washington signed it into law on September 24, 1789. John Adams was serving as President Washington’s vice president at the time.

Federal Courts

The Judiciary Act of 1789 established several fundamental aspects of the federal court system.

The U.S. Supreme Court

The Constitution established the United States Supreme Court, but the Act defined its structure and jurisdiction. The law set the number of Supreme Court justices at six, including one chief justice and five associate justices.

It also established the first quorum requirement for the Supreme Court. Specifically, four of the six justices (including the chief justice) needed to be present for the Court to hear and decide cases.

Article III of the Constitution also gave Congress the power to create “inferior Courts.” This didn’t require the creation of lower courts, but it did allow it. In accordance with this permission, the Act established a system of lower federal judicial courts.

Federal District Courts

The Act created one judicial district for each of the states. In 1789, there were 13 states:

• Delaware
• Pennsylvania
• New Jersey
• Georgia
• Connecticut
• Massachusetts
• Maryland
• South Carolina
• New Hampshire
• Virginia
• New York
• North Carolina
• Rhode Island

Each district had a federal district court with one district judge.

The idea behind district courts was to ensure a federal judicial presence in each state. That way, citizens had access to the judicial power of the United States.

Federal Circuit Courts

The Act also established three federal circuit courts to handle more significant cases and appeals from the district courts. This meant they had both trial and appellate jurisdiction. A local district judge and two Supreme Court justices would preside over each circuit court.

The Act also set quorum requirements for the circuit courts. Two judges needed to be present for a circuit court to hear and decide cases.

Other Key Provisions

In addition to structuring the federal court system, the Judiciary Act of 1789 provided an operational foundation for it and clarified the authority of the United States courts.

For example, it outlined the procedures for moving cases between state and federal courts. It also specified the appointment process for federal judges.

The Act empowered the judicial branch with several other key provisions, including:

• Jurisdiction: The Act defined the jurisdiction of federal courts, specifying what types of cases they could hear.
• Attorney General: It established the office of the Attorney General, who would serve as the chief lawyer for the federal government.
• U.S. Marshals and U.S. Attorneys: The Act created these positions to enforce federal laws and represent the federal government in legal matters.
• Writs of Mandamus: Section 13 of the Act gave the Supreme Court the authority to issue writs of mandamus. These writs, derived from English common law, are orders compelling government officials to perform their duties.

It wasn’t long, however, before this portion of Section 13 was declared unconstitutional.

Marbury v. Madison

In 1803, the Supreme Court decided the case of Marbury v. Madison. The case centered around outgoing President John Adams’ appointment of plaintiff William Marbury as a justice of the peace. Marbury sued to compel then Secretary of State James Madison to compel delivery of his commission.

Ultimately, the Court determined it lacked original jurisdiction to issue a writ of mandamus. Original jurisdiction refers to cases the Court can hear directly, without them first going through lower courts.

The Court said the Constitution lists the types of cases over which the Supreme Court has original jurisdiction. This didn’t include issuing writs of mandamus.

Accordingly, the Marbury Court said that, in passing Section 13 of the Act, Congress unconstitutionally expanded the Supreme Court's original jurisdiction. It held that the relevant portion of the Act’s Section 13 was unconstitutional.

The landmark decision also established the principle of judicial review. This gives the Supreme Court the authority to declare laws of the United States unconstitutional if they conflict with the Constitution.

The concept of judicial review continues to play a fundamental role in our legal system.

The Judiciary Act’s Relevance Today

Although parts of the Act have been modified or replaced over time, its impact on the federal judiciary remains significant.

• Federal court structure: The basic structure of the federal court system established by the Act, with district courts, circuit courts of appeals, and the Supreme Court, still exists today.
• Attorney General: The office of the Attorney General has evolved into the head of the Department of Justice and still serves a critical function as part of the executive branch.
• U.S. Marshals and U.S. Attorneys: These positions continue to play important roles in federal law enforcement and legal proceedings.
• Federal jurisdiction: While the specifics have changed, the Act's approach to defining federal court jurisdiction still influences how cases are distributed between state and federal courts.
• Legal procedures: We still adhere to many of the legal procedures established by the Act. For example, the requirement for federal judges to take an oath of office is still in use today.

The Judiciary Act of 1789 most notably implemented the Constitution's ideas about the United States legal system. With the country’s expansion, the Act has been modified to meet the nation’s growing and changing needs. As the foundation of our federal court system, it serves as a reference point in American legal history and remains important today.