Judiciary Act of 1789

The United States Judiciary Act of 1789 (1 Stat. 73) was a landmark statute adopted in the first session of the First United States Congress, which established the U.S. federal judiciary. The Constitution stated only 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." It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide.

Related Topics:
United States - Stat. - Statute - First United States Congress - U.S. federal judiciary - Constitution

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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 nationalist tyranny. Indeed, of the ten amendments that eventually became the Bill of Rights, five (the Fourth through Eighth) dealt primarily with judicial proceedings. Even after ratification, some opponents of a strong judiciary urged that the federal court system should be limited to a Supreme Court and perhaps local admiralty judges. The 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.

Related Topics:
Anti-Federalist - Tyranny - Bill of Rights - Admiralty

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