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Judiciary Act of 1789 Facts & Worksheets

The Judiciary Act of 1789, formally referred to as "An Act to Establish the Judicial Courts of the United States," was ratified on September 24, 1789, by President George Washington.

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The Judiciary Act of 1789, formally referred to as “An Act to Establish the Judicial Courts of the United States,” was ratified on September 24, 1789, by President George Washington of the United States.

See the fact file below for more information on the Judiciary Act of 1789, or you can download our 24-page Judiciary Act of 1789 worksheet pack to utilize within the classroom or home environment.

Key Facts & Information

LEGISLATIVE HISTORY

  • Oliver Ellsworth, a Connecticut senator, drafted the majority of the Judiciary Act of 1789, which created the structure and purview of the federal court system and the position of attorney general.
  • Although the Supreme Court was the sole court created by Article III of the Constitution, Congress had the authority to create other federal courts if necessary.
  • Despite changes made over time by Congress, the basic framework of the federal court system established by the First Congress has essentially remained unaltered.
  • The first official proceedings of the federal court system took place on April 7, 1789, which was the second day of the first Senate session. On that day, the legislators formed the Special Judiciary Committee to create judicial legislation for the United States.
  • Each of the 10 states represented in the Senate received a seat on the Special Committee. One-half of the ten members had participated in the 1787 Constitutional Convention as delegates.

ESTABLISHMENT

  • Judicial law was primarily developed under the oversight of Ellsworth and Paterson. It is known that Paterson wrote the first nine sections of the original bill because they are in his handwriting. 
  • These sections primarily dealt with the operational aspects of the judicial system, such as the number of federal districts, the creation of district and circuit courts, the office of court clerks, and the time for the opening session of the courts.
  • Ellsworth wrote Sections 10 through 23, which were the core of the law since they dealt with the authority of the courts, the Supreme Court’s original jurisdiction, the right to issue writs, the various avenues to appeal, and the many different kinds of writs of error. 
  • These passages saw the most significant and contested changes in the Senate.
  • The final 20 or so parts of the original measures had no readable handwriting, indicating that they were prepared by one of the Senate clerks. These sections include the two Marshals and Deputies.

PUBLIC AND POLITICAL IMPRESSIONS

  • When the Senate initially convened in 1789, many people anticipated that it would be a passive body because it was largely modeled after the state senate. 
  • In addition to deciding on nominations and treaties, the Senate was seen as having the primary responsibility for reviewing legislation produced in the House of Representatives.
  • The first Senate immediately set to work after being asked by the recently passed Constitution to “ordain and establish” a court system for the new national government. But there was at once a bitter conflict over the country’s labor rights between the Federalists, who wanted a strong federal government, and the Anti-Federalists, who fiercely maintained state rights.
  • Even while this expectation proved to be mainly accurate throughout the first several decades, there are significant variances. 
  • The development of the nation’s courts and constitution up until the present has been significantly influenced by the Judiciary Act of 1789, which was mostly the product of the Senate.

IMPORTANT PROVISIONS

  • Article III of the Constitution generality raised issues that Congress had to remedy in the Judiciary Act of 1789. These issues lacked simple solutions, and political action was required to solve them. 
  • The Supreme Court was granted the original jurisdiction specified in the Constitution by the First Congress.

JUDICIAL REVIEW

  • The case of Marbury v. Madison enhanced the federal judiciary by giving it the ability to declare legislation, including executive and administrative actions, incompatible with American law, “Unconstitutional” and hence invalid under the U.S. Constitution.
  • In the District of Columbia, William Marbury had been named Justice of the Peace, but his commission had not yet been given. Marbury asked the Supreme Court to order James Madison, the new secretary of state, to surrender the papers. 
  • Marbury filed a request for a writ of mandamus ordering the delivery of the commissions with the support of three other appointees who were in a similar situation. 
  • Marbury and his attorney, former attorney general Charles Lee, maintained that the commission’s signing and sealing sealed the deal and that delivery was, in any case, merely a formality. 
  • But formality or not, Marbury was unable to perform his obligations as an official without a valid piece of paper. The Court decided to consider the Marbury v. Madison case in its February 1803 term despite Jefferson’s animosity.
  • The Court determined that Madison’s reluctance to provide the commission was illegal, but it did not issue a writ of mandamus requiring Madison to produce Marbury’s commission.
  • Instead, the Court ruled that the Judiciary Act of 1789 clause that allowed Marbury to file his case with the Supreme Court was inherently unconstitutional because it attempted to go beyond what Article III, Section 2 had established as the Court’s original authority. 
  • Marshall went on to say that a writ of mandamus was the appropriate route to seek redress, but came to the conclusion that the Court could not issue one. Marshall argued that the Judiciary Act of 1789 was unconstitutional. 
  • The Supremacy Clause, which places the Constitution before laws, prevents Congress from changing the Constitution through normal legislation. 
  • Marshall’s decision to hold in this way established the concept of judicial review, or the authority to declare legislation unconstitutional.
  • The case issue:
    • Was the Judiciary Act constitutional? (Can the Supreme Court decide on constitutional issues concerning the other branches of the government?)
  • The Ruling: YES.
    • As a crucial component of the “checks and balances” system designed to prevent any one arm of the federal government from becoming overly strong, Chief Justice John Marshall developed the concept of judicial review.
    • For the first time, a statute approved by Congress and signed by the President was ruled illegal by the Supreme Court. Nothing in the Constitution expressly granted the Court this particular authority. 
    • Marshall, however, was of the opinion that the Supreme Court ought to play a function that is equivalent to that of the two other branches of the government.

Judiciary Act of 1789 Worksheets

This fantastic bundle includes everything you need to know about the Judiciary Act of 1789 across 24 in-depth pages. These ready-to-use worksheets are perfect for teaching kids about the Judiciary Act of 1789. The Judiciary Act of 1789, formally referred to as “An Act to Establish the Judicial Courts of the United States,” was ratified on September 24, 1789, by President George Washington of the United States.

Complete List of Included Worksheets

Below is a list of all the worksheets included in this document.

  1. Judiciary Act of 1789 Facts
  2. The Judiciary Act
  3. Role of the Judiciary
  4. 1789 Judicial Hierarchy
  5. Powers of the Court
  6. The Juridical Process
  7. The Judicial Process
  8. Hearing a Case
  9. Think Like a Judge
  10. Quotes on Justice
  11. Checks and Balances

Frequently Asked Questions

What is the Judiciary Act of 1789?

The Judiciary Act of 1789 was a law passed by the United States Congress that established the federal court system of the United States. It was one of the first major pieces of legislation passed by the newly-formed U.S. government.

What was the purpose of the Judiciary Act of 1789?

The Judiciary Act of 1789 was designed to create a uniform system of federal courts throughout the country, and to establish the authority of the Supreme Court as the highest court in the land. It also established the office of the Attorney General, who would serve as the chief legal advisor to the President and the head of the Department of Justice.

How did the Judiciary Act of 1789 affect the federal court system?

The Judiciary Act of 1789 created the federal court system as we know it today, with a Supreme Court at the top, followed by appellate courts and district courts. It also set the number of Supreme Court justices at six and established the authority of the federal courts to hear cases involving federal law and disputes between states.

Why was the Judiciary Act of 1789 controversial?

The Judiciary Act of 1789 was controversial because it expanded the power of the federal government and established the supremacy of federal law over state law. Some critics argued that this would infringe on the rights of the states and lead to an overly powerful federal government. Others objected to the fact that it established the office of the Attorney General, which they saw as a potential threat to individual rights and liberties.

Is the Judiciary Act of 1789 still in effect today?

Many parts of the Judiciary Act of 1789 have been superseded by subsequent legislation, but some parts of the law remain in effect today. For example, the law still establishes the basic structure of the federal court system, and the authority of the Supreme Court to hear certain types of cases. However, the number of Supreme Court justices has been increased since 1789, and other laws have been passed that modify or expand the authority of the federal courts.

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