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The Judiciary Act of 1789 created a Supreme Court with one Chief Justice and five Associate Justices who were to be appointed by the US President, by and with the consent of the Senate, per constitutional mandate.

The Act also established thirteen District Courts, which heard small civil suits and minor crimes, within three Federal Circuits. Three 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.

A typical Circuit ride was 1,800 miles round-trip, which presented a severe hardship to the justices, who frequently worked and traveled 18 or 19 hours a day, and followed a complex schedule that required appearances in specified districts on specified days. The justices could also be called upon to sit for criminal trials that were scheduled as the need arose.

Section 13 of the Judiciary Act, which the Marshall Court later voided as unconstitutional, enumerated the types of cases over which the Court had original jurisdiction as described in the Constitution, with the exception of changes made by the Eleventh Amendment and the addition of empowering the Court to issue writs of mandamus to US government officials:

SEC. 13. And be it further enacted, That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction. And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors, or other public ministers, or in which a consul, or vice consul, shall be a party. And the trial of issues in fact in the Supreme Court, in all actions at law against citizens of the United States, shall be by jury. The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases herein after specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.

Congress also authorized both the Supreme Court justices and federal judges to issue writs of habeas corpus, to entertain other motions, and perform administrative tasks common to conducting court business.

Finally, the Supreme Court was to convene in the nation's capital twice per year, on the first Monday or February and the first Monday of August to hear cases under appellate jurisdiction.


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

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