How was the US Supreme Court established?

Answer 1

The US Constitution, ratified by the states on June 21, 1788, became operational on March 4, 1789. Article III of the Constitution required the new government to establish a Supreme Court and whatever lower federal courts it felt were needed to handle "cases and controversies" involving Federal Laws, treaties, and constitutional issues.

The first Act of the First Congress of the US was to pass legislation creating the Judicial branch of government, which they accomplished with the Judiciary Act of 1789 on September 24, 1789. President Washington nominated six justices -- one Chief Justice, and five Associate Justices -- the same day. The Senate approved Washington's choices by voice vote (no recorded count) two days later, on September 26, 1789.

The Judiciary Act of 1789 set the original Terms of the Court as February and August of each year, requiring justices to "ride circuit," or travel among the thirteen states, hearing cases on appeal between Terms. The Supreme Court met for the first time on February 2, 1790, at the Royal Exchange Building (also called Merchant's Exchange) in New York City. The justices didn't have any cases to review until August 1791, so they spent their brief time together discussing rules and procedures.

For more information, see Related Questions, below.

Answer 2

This is a bit of a quibble. The Supreme Court is the only court specifically mandated (required) by the Constitution, but it was actually created by Congress in the Judiciary Act of 1789. The Constitution did not create the Supreme Court, it simply required the federal government to have one.

Answer 3

Yes. The US Supreme Court was mandated by Article III of the Constitution, but was actually established by Congress via the Judiciary Act of 1789.