Judiciary Act of 1789

Indeed, of the ten amendments that eventually became the Bill of Rights, five (the fourth through the eighth) dealt primarily with judicial proceedings.

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.

The Court was given appellate jurisdiction over decisions of the federal circuit courts as well as decisions by state courts holding invalid any statute or treaty of the United States; or holding valid any state law or practice that was challenged as being inconsistent with the federal constitution, treaties, or laws; or rejecting any claim made by a party under a provision of the federal constitution, treaties, or laws.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the supreme court of the United States shall consist of a chief justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions, the one commencing the first Monday of February, and the other the first Monday of August.

[6] The circuit courts, which comprised a district judge and (initially) two Supreme Court justices "riding circuit", had original jurisdiction over serious crimes and civil cases of at least $500 involving diversity jurisdiction or the United States as plaintiff in common law and equity.

The single-judge district courts had jurisdiction primarily over admiralty cases, petty crimes, and suits by the United States for at least $100.

"[10] The Act created the Office of Attorney General, whose primary responsibility was to represent the United States before the Supreme Court.

§ 1350, which provides jurisdiction in the district courts over lawsuits by aliens for torts in violation of the law of nations or treaties of the United States.

Among the nominees were John Jay for Chief Justice of the United States; John Rutledge, William Cushing, Robert H. Harrison, James Wilson, and John Blair Jr. as Associate Justices; Edmund Randolph for Attorney General; and myriad district judges, United States Attorneys, and United States Marshals for Connecticut, Delaware, Georgia, Kentucky, Maryland, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, South Carolina, and Virginia.

A clause in Section 13 of the Judiciary Act, which granted the Supreme Court the power to issue writs of mandamus under its original jurisdiction, was later declared unconstitutional.

The first page of the Judiciary Act of 1789