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The Judiciary Act of 1789, passed on September 24 of that year, established the US Supreme Court and a small federal court system consisting of thirteen District Courts and three Circuit Courts.

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District Courts heard small civil suits and minor crimes, within three Federal Circuits. The Circuit Courts had original jurisdiction over serious federal criminal cases, and appellate jurisdiction over cases heard in the District Courts.

The six US Supreme Court justices were responsible for "riding circuit" twice a year, traveling in pairs, and hearing cases as appellate judges. Congress believed this would help the Supreme Court justices stay in touch with local concerns.

Section 1 of the Act declared "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. That the associate justices shall have precedence according to the date of their commissions, or when the commissions of two or more of them bear date on the same day, according to their respective ages."

Section 13 of the Judiciary Act was a topic of controversy in Marbury v. Madison, (1803), when Chief Justice Marshall decided that portion of the legislation was unconstitutional because Congress had overstepped its authority by authorizing the Court to issue writs of mandamus to US government officials, which Marshall interpreted as being in contradiction with the Constitution.

To read the full text of the Judiciary Act of 1789, see Related Links, below.

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12y ago

The Judiciary Act of 1789, passed on September 24 of that year, established the US Supreme Court and a small federal court system consisting of thirteen District Courts and three Circuit Courts.

More Information

District Courts heard small civil suits and minor crimes, within three Federal Circuits. The Circuit Courts had original jurisdiction over serious federal criminal cases, and appellate jurisdiction over cases heard in the District Courts.

The six US Supreme Court justices were responsible for "riding circuit" twice a year, traveling in pairs, and hearing cases as appellate judges. Congress believed this would help the Supreme Court justices stay in touch with local concerns.

Section 1 of the Act declared "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. That the associate justices shall have precedence according to the date of their commissions, or when the commissions of two or more of them bear date on the same day, according to their respective ages."

Section 13 of the Judiciary Act was a topic of controversy in Marbury v. Madison, (1803), when Chief Justice Marshall decided that portion of the legislation was unconstitutional because Congress had overstepped its authority by authorizing the Court to issue writs of mandamus to US government officials, which Marshall interpreted as being in contradiction with the Constitution.

To read the full text of the Judiciary Act of 1789, see Related Links, below.

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13y ago

The Judiciary Act of 1801 (also called the Circuit Court Act and sometimes the Midnight Judges Act), passed in February 1801, in the waning days of John Adams' presidency, and replaced the original Judiciary Act of 1789.

The Act served two purposes. Ostensibly, it reorganized the federal court system by doubling the number of circuits from three to six and adding five new district courts, in order to relieve the Supreme Court justices of their circuit riding responsibilities. The Act created sixteen new federal judge positions, and gave all Article III judges lifetime tenure. It also changed the schedule of Supreme Court Terms from February and August to December and June, and reduced the number of Supreme Court justices from six to five, because the new appellate courts were expected to lighten the Court's caseload. On the surface, these changes seemed rational, in light of the heavy travel schedule the justices maintained.

The second, and probably more important, purpose of the Act was political.

The matter of greatest concern to the Democratic-Republican members of Congress was that it advanced the Federalists' agenda by shifting jurisdiction over many federal cases from the State courts to the US circuit courts. The Democratic-Republicans believed this weakened the States, but were unable to stop the bill from passing because the Federalist party controlled the Sixth Congress.

Federalist John Adams lost his Presidential reelection bid to Democratic-Republican Thomas Jefferson in the 1800 election. The Federalist party also lost a number of seats in Congress, such that they would no longer control the legislature once the Adams' administration ended. With the Federalists outnumbered in both the Executive and Legislative branches, their only opportunity to influence government was through control of the Judicial branch. The Judiciary Act of 1801 was adopted during Congress' lame duck session, and was considered a bit scandalous because major bills were supposed to be deferred to the next Congress.

The timing of the bill's passage also allowed President Adams the opportunity to select all the new Article III judges, who were guaranteed lifetime appointments ("during good behavior"), and ram their confirmations through the Senate before leaving office. Adams quickly filled all the vacancies with members of the Federalist party.

A second piece of legislation, the Organic Act of 1801, incorporated parcels of land ceded by Maryland and Virginia into the District of Columbia, officially creating the nation's capital and two separate towns, Georgetown, MD and Alexandria, VA, which operated under their respective states' laws. One provision of the legislation allowed President Adams to appoint an unspecified number of justices of the peace to serve the capitol area. Adams nominated another 42 Federalists to these posts. (Collectively, these men became known as the Midnight Judges for their last-minute appointments.)

Adams was accused court-packing for installing so many members of his own party in the federal judiciary. Jefferson and the new Democratic-Republic-dominated Congress thwarted Adams' attempt at monopolization by passing the Repeal Act of 1802 in March 1802, which eliminated the additional judgeships and temporarily resurrected the Judiciary Act of 1789. As a result, the US Supreme Court had no Term in 1802.

Jefferson disposed of some of Adams' justice of the peace commissions by more literal means, an action that precipitated the landmark Supreme Court case Marbury v. Madison, (1803).

For more information, see Related Questions, below.

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13y ago

The Judiciary Act of 1801 allowed President John Adams to nominate members of his own Federalist party to sixteen Circuit and five new District judge positions. These "midnight appointments" of judges and other court officials occurred just before he left office. After taking office, the Jefferson Administration asked Congress to repeal the Act.

Specific Provisions of the Judiciary Act of 1801

  • Changed the twice-annual sessions of the Court from February and August to June and December (when the Judiciary Act of 1801 was repealed, the Supreme Court returned to its February/August schedule under the Judiciary Act of 1789; however, the change resulted in the Court being adjourned for fourteen months, from December 1801 until February 1803).
  • Authorized the federal courts to issue Extraordinary Writs, such as writs of prohibition, mandamus, scire facias, habeas corpus, certiorari, procedendo, and others not specified within the text of the Act.
  • Authorized all levels of the federal court system to issue writs of habeas corpus to bring prisoners before the Court, with the express exception of those incarcerated by the states unless they were required to testify as witnesses in federal court.
  • Redrew District Court territories and added five new Districts.
  • Increased the number of Circuits from three to six, and authorized appointment of sixteen new Circuit judges to relieve Supreme Court justices of their circuit-riding responsibilities.
  • Authorized each court to hire a Clerk of Court and a Marshall.
  • Reduced the number of Supreme Court justices from six to five (by attrition), ostensibly due to the lighter workload accompanying the relief of circuit duties (the actual number of justices on the Court never declined from six because no one resigned, retired, was impeached or died before Congress repealed the Judiciary Act of 1801. The subsequent Judiciary Act reinstated the sixth seat.).
  • Specified navigable waters as part of the District Courts' jurisdiction.
  • Changed the jurisdiction of Circuit Courts to include "all cases under the Constitution and acts of the US," some of which had previously been under the jurisdiction of state courts as a compromise with Anti-Federalists in the Judiciary Act of 1789.
  • Gave Circuit Courts exclusive jurisdiction over cases tried under the new Bankruptcy Act of 1801.
  • Gave federal courts diversity jurisdiction to hear disputes between citizens of different states, under certain conditions (amounts over $500, etc.).
  • Authorized judges to order inmates moved from one prison to another if the move was for safety considerations.
  • Specified trial by jury, except in cases of equity and maritime law.
  • Made minor changes to various court rules.
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13y ago

The Judiciary Act of 1801 was representative of the power struggle between the Federalist (founded by Hamilton) and Democratic-Republican (founded by Jefferson) parties for control of United States government in the early 19th-century.

The Federalists, who favored strong central government over states' rights, was dominated by businessmen and the wealthy, and sought to establish a government for the elite, by the elite. The Democratic-Republican party, originally called the "anti-Federalists," on the other hand, favored a more populist ideology and opposed Federalist fiscal and foreign policies.

The Judiciary Act of 1801 advanced the Federalists' agenda by reorganizing the national court system and adding six Circuit Courts that shifted jurisdiction over many federal cases from the States to the federal government. The Democratic-Republicans believed this weakened the States, but were unable to stop the bill from passing because the Federalist party controlled the Sixth Congress.

From 1792 until 1800, the Federalists dominated government and set the agenda for the nation. This trend changed as a result of the 1800 election, when the dominant party suffered massive defeat to Jefferson's Democratic-Republicans, losing control of both the White House and Congress.

In a desperate attempt to maintain influence in government, the lame duck Federalists quickly passed the Judiciary Act of 1801 and other legislation that allowed President Adams to pack the courts with Federalist judges in the final days of his administration.

The Supreme Court's composition changed, with the number of justices reduced from six to five (by attrition), so that two justices would have to leave the bench before Jefferson had an opportunity to make his first nomination. Additionally, incumbent Chief Justice Oliver Ellsworth graciously agreed to retire in early 1802, allowing Adams to select the new Chief Justice before leaving office. (Adams nominated his Secretary of State, John Marshall, who presided over the Court for the next 34 years.)

While the incoming Jefferson administration controlled two of the three branches of government, under Adams' plan, they could expect to face resistance from a Judicial branch full of permanently ensconced Federalist judges for many years to come.

Jefferson and the new Congress successfully thwarted the Federalists by passing the Repeal Act of 1802 (March 1802), thereby eliminating all the new federal judgeships, and temporarily reinstating the Judiciary Act of 1789, which restored the size of the Court to six justices and simultaneously canceled the 1802 Terms of the Supreme Court.

The US Supreme Court case, Marbury v. Madison, while based on different legislation (the Organic Act of 1801), offers great insight into the animosity between the two political parties of that era.

For more information, see Related Questions, below.

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13y ago

The Judiciary Act of 1801 (also called the Circuit Courts Act and the Midnight Judges Act), passed in February 1801, in the waning days of John Adams' presidency, and replaced the original Judiciary Act of 1789.

The Act served two purposes. Ostensibly, it reorganized the federal court system by doubling the number of circuits from three to six and adding five new district courts, in order to relieve the Supreme Court justices of their circuit riding responsibilities. The Act created sixteen new circuit judge positions, and five new district judge positions. It also changed the schedule of Supreme Court Terms from February and August to December and June, and reduced the number of Supreme Court justices from six to five, because the new appellate courts were expected to lighten the Court's caseload. On the surface, these changes seemed rational, in light of the heavy travel schedule the justices maintained.

The second, and probably more important, purpose of the Act was political.

The matter of greatest concern to the Democratic-Republican members of Congress was that it advanced the Federalists' agenda by shifting jurisdiction over many federal cases from the State courts to the US circuit courts. The Democratic-Republicans believed this weakened the States, but were unable to stop the bill from passing because the Federalist party controlled the Sixth Congress.

Federalist John Adams lost his Presidential reelection bid to Democratic-Republican Thomas Jefferson in the 1800 election. The Federalist party also lost a number of seats in Congress, such that they would no longer control the legislature once the Adams' administration ended. With the Federalists outnumbered in both the Executive and Legislative branches, their only opportunity to influence government was through control of the Judicial branch. The Judiciary Act of 1801 was adopted during Congress' lame duck session, and was considered a bit scandalous because major bills were supposed to be deferred to the next Congress.

The timing of the bill's passage also allowed President Adams the opportunity to select all the new Article III judges, who were guaranteed lifetime appointments ("during good behavior"), and ram their confirmations through the Senate before leaving office. Adams quickly filled all the vacancies with members of the Federalist party.

A second piece of legislation, the Organic Act of 1801, incorporated parcels of land ceded by Maryland and Virginia into the District of Columbia, officially creating the nation's capital. One provision of the legislation allowed President Adams to appoint an unspecified number of justices of the peace to serve the capitol area. Adams nominated another 42 Federalists to these posts. (Collectively, these men became known as the Midnight Judges for their last-minute appointments.)

Adams was accused court-packing for installing so many members of his own party in the federal judiciary. Jefferson and the new Democratic-Republic-dominated Congress thwarted Adams' attempt at monopolization by passing the Repeal Act of 1802 in March 1802, which eliminated the additional judgeships and temporarily resurrected the Judiciary Act of 1789. As a result, the US Supreme Court had no Term in 1802.

Jefferson disposed of some of Adams' justice of the peace commissions by more literal means, an action that precipitated the landmark Supreme Court case Marbury v. Madison, (1803).

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Q: What was the importance of The Judiciary Act of 1801?
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How did the judiciary act of 1801 affect jeffersons power over the courts?

He had less power over the courts, since John Adams appointed as many Federalist judges as he could before Jefferson took office. This meant that the new Democratic-Republic president had a powerful Federalist judiciary.


What is an effort to preserve Federalist principles?

The Judiciary Act was an effort to preserve Federalist principles. It was enacted in 1789 and established the U.S. federal judiciary.


What was George Washington's role in the judiciary act of 1789?

He invented the light bulb


Was the Judiciary Act of 1801 repealed?

No. The Judiciary Act of 1789 extended to the Supreme Court original jurisdiction over all writs of mandamus, a power the Constitution did not specifically enumerate as one of the Court's areas of original jurisdiction. The Supreme Court, under the leadership of Chief Justice John Marshall, determined a portion of the Act unconstitutional in the landmark decision Marbury v. Madison, (1803).Marshall's ruling was controversial because, in declaring Section 13 of the Judiciary Act of 1789 unconstitutional, and refusing to carry out its mandate, he asserted the authority of "judicial review." This allowed the Supreme Court to evaluate Congressional and Presidential acts to determine whether they were constitutional, and to overrule them if they were not. Judicial review enhanced the power of the Court, and strengthened the foundation of the U.S. government's system of checks and balances.In the Judiciary Act of 1801, Congress expanded the federal judicial system by adding more District and Circuit courts, which allowed then-President John Adams to appoint 16 members of his Federalist party to powerful judgeships before he left office. It also reduced the size of the Supreme Court from six Justices to five; however, no vacancies occurred on the Court before Thomas Jefferson's new administration overturned the legislation, so the Supreme Court never had fewer than six Justices.The Judiciary Act of 1801 enhanced John Adam's power in the waning days of his Presidency, but didn't have a long-term effect on the Executive branch, nor did it relate to "judicial review," a power reserved for the head of the Judicial branch of government, the Supreme Court (see the Judiciary Act of 1789). Judicial review is an implied power that is not explicitly stated in the Constitution or in any legislation.


What is the Judiciary Reorganization Act?

The Judicial Procedures Reform Bill, or Judiciary Reorganization bill, was a bill proposed by Franklin D. Roosevelt. The bill was to add more justices to the US Supreme Court.

Related questions

Judiciary act of?

1801


What President signed the Judiciary Act of 1801 into law?

President John Adams signed the Judiciary Act of 1801 into law on February 13, 1801, just two weeks before the end of his administration.


What increased the number of federal judges?

the judiciary act of 1801


What in 1801 was made to maintain federalist control of the judicial branch against Jeffersonianism?

judiciary act of 1801


What regional courts were set up for the US with the?

Judiciary Act Of 1801 ?!


What was the results of the judiciary act of 1801?

The Judiciary Act of 1801 was a partisan political attempt by the Federalists in the Congress and the John Adams administration to pack Federal courts with Federalists. It was soon overturned by Jeffersonian Republicans.


Who passed the Judiciary Act of 1801?

The Judiciary Act of 1801 was supported by the Federalist party, which controlled the Sixth Congress in the lame duck session of 1801. The Democratic Republicans took control of both the White House and Congress on March 4. The Federalists in Congress passed the Judiciary Act of 1801, and the Federalist President, John Adams, signed it into law on February 13, 1801, just two weeks before leaving office.


Who won Congressional repeal of the Judiciary Act of 1801?

The Democratic-Republican Congress that dominated the Legislative Branch following the 1800 presidential election repealed the Judiciary Act of 1801. Incoming President Thomas Jefferson undoubtedly pushed for the Act's repeal.


What month was the Judiciary Act of 1789 adopted?

The Judiciary Act of 1789 was adopted September 24, 1789. For more information, see Related Questions, below.


What is the name of the law that helped Adams appoint federalist judges?

judiciary act of 1801


Which statement describes Jefferson's relationship with the Judiciary Act of 1801?

made him a national hero


What aroused jeffersonian hostility to the federalist judiciary and led to the repeal of the Judiciary act of 1801?

Marshall's ruling in Marbury vs. Madison