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September 24

Judiciary Act of 1789 Signed Into Law (1789)


On September 24, 1789, President George Washington signed into law the Judiciary Act of 1789 and established the structure of our judicial system. The Act created the U.S. Attorney’s Office, set many of the jurisdictional parameters for the Supreme Court, created the lower federal circuit courts, and has remained largely intact to this day.

Article III of the Constitution established the Supreme Court, but completely failed to mention the structure and jurisdiction of the federal courts. Congress knew that a properly structured judicial branch was essential to creating a successful democracy. So, Congress had figure out how the federal courts would be structured and operate.

Senator Oliver Ellsworth, of Connecticut, acted as the main author of the Judiciary Act of 1789. Ellsworth, along with others, created six Supreme Court justices with one Chief Justice and five associate justices. They set many of the jurisdictional parameters for the Supreme Court, including original jurisdiction over actions between a state and the federal government, over civil actions between states, and over actions against diplomats and ambassadors. The Act also gave appellate jurisdiction to the Supreme Court over the federal circuit courts and top state courts.

The Act established the Office of Attorney General, federal marshals, and U.S. attorneys for each federal judicial district.

The Judiciary Act wasn’t changed for nearly a century until after the Civil War. And even today, the Judiciary Act of 1789 acts as the backbone for our judicial system.

Interesting Note: The Judiciary Act of 1789 was the first act of Congress declared unconstitutional by the Supreme Court. In particular, the Supreme Court held in Marbury v. Madison, 5 U.S. 137 (1803), that the Supreme Court could not issue writs of mandamus outside of its own jurisdiction. So, in effect, the Supreme Court declared a small portion of the Judicial Act unconstitutional and slightly limited its own power.