Judiciary Act of 1789

Examples of Judiciary Act of 1789 in the following topics:

• Marbury v. Madison

  • The landmark decision helped define the power of the judiciary as a co-equal branch of the government, constitutionally separate from the executive and judicial branches.
  • Marbury was one of the "midnight judges" appointed by Adams after he'd lost the election of 1800, but prior to the actual inauguration of Thomas Jefferson.
  • The Court, with John Marshall as Chief Justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy, caled a writ of mandamus.
  • Nonetheless, the Court stopped short of compelling Madison to hand over Marbury's appointment, instead holding that the provision of the Judiciary Act of 1789 that gave the Supreme Court original jurisdiction over Marbury's claim was itself unconstitutional.
  • Madison, refers to the establishment of the principle of judicial review.

• Judicial Review and Marbury v. Madison

  • However, it deemed the Judiciary Act of 1789, which enabled Marbury to bring his claim to the Supreme Court, to be unconstitutional.
  • During this month, Adams and the Federalist Congress passed the Judiciary Act of 1801.
  • This Act modified the Judiciary Act of 1789 by establishing ten new district courts, expanding the number of circuit courts from three to six, and adding additional judges to each circuit (giving the president the authority to appoint federal judges and justices of the peace).
  • The newly sworn-in Democratic-Republican seventh Congress immediately nullified the Judiciary Act of 1801 with their own Judiciary Act of 1802.
  • This new act reestablished that the judicial branch would once again operate under the dictates of the original Judiciary Act of 1789.

• The Last Days of the Federal Presidency: The Midnight Judges

  • Chief Justice Marshall's decision about "midnight judges" gave the Court authority to declare the constitutionality of congressional and presidential acts.
  • Marbury sued and demanded that the Supreme Court issue a writ of mandamus (a power given by the Judiciary Act of 1789) that would compel Jefferson to accept these appointments.
  • Therefore, the 1789 Judiciary Act was unconstitutional and the Supreme Court could not compel the president to accept Marbury's appointment.
  • However, Marshall had established the foundational concept of judicial review—the power of the Supreme Court to rule on the constitutionality of congressional legislation and presidential acts.
  • Essentially, the decision handed down by Marshall strengthened the power of the federal judiciary and permanently cemented its fundamental role in shaping both state and federal law—expanding the powers of the national government and ensuring a permanent Federalist legacy in the separation of federal powers.

• Judicial Federalism

  • The first Congress passed the Judiciary Act of 1789, which established the lower federal courts and specified the details of federal court jurisdiction.
  • Section 25 of the Judiciary Act provided for the Supreme Court to hear appeals from state courts when the state court decided that a federal statute was invalid or when the state court upheld a state statute against a claim that the state statute was repugnant to the Constitution.
  • The Judiciary Act thereby incorporated the concept of judicial review.
  • As of 2010, the United States Supreme Court had held some 163 Acts of the U.S.
  • Analyze the complex role of the state and federal judiciary in the federal system

• Two Judicial Revolutions: The Rehnquist Court and the Roberts Court

  • William Rehnquist served as an Associate Justice on the Supreme Court of the United States, and later as the 16th Chief Justice of the United States.
  • Considered a conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to the states.
  • Under this view of federalism, the Supreme Court, for the first time since the 1930s, struck down an Act of Congress as exceeding federal power under the Commerce Clause.
  • The Roberts Court refers to the Supreme Court of the United States since 2005, under the leadership of Chief Justice John G.
  • On October 3, he took the judicial oath provided for by the Judiciary Act of 1789, prior to the first oral arguments of the 2005 term.

• The Expansion of the Federal Government

  • The landmark decision helped define the power of the judiciary as a co-equal branch of the government, constitutionally separate from the executive and judicial branches.
  • The Court, with Marshall as chief justice, found that Marbury did have a right to his appointment, and that the Judiciary Act of 1789 provided him with a remedy known as a writ of mandamus.
  • Nonetheless, the Court stopped short of compelling Madison to hand over Marbury's appointment, instead holding that the provision of the Judiciary Act of 1789 that gave the Supreme Court original jurisdiction over Marbury's claim was itself unconstitutional.
  • This was the only time the Marshall Court would strike down an act of Congress; however, that precedent was enough to establish the Court as a co-equal branch by branding it as the final interpreter of the Constitution.
  • The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.

• The Supreme Court

  • It is currently composed of the Chief Justice of the United States and eight associate justices.
  • Initially, The Judiciary Act of 1789 called for the appointment of six justices.
  • But in 1866, at the behest of Chief Justice Chase, Congress passed an act providing that the next three justices to retire would not be replaced, which would thin the bench to seven justices by attrition.
  • In 1869, however, the Circuit Judges Act returned the number of justices to nine, where it has since remained.
  • However, only about 1% of the Supreme Court's cases consist of these cases.

• The Powers of National Government

  • The federal government is composed of three branches: executive, legislative, and judiciary, whose powers are granted by the Constitution.
  • The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.
  • The government was formed in 1789, making the United States one of the world's first, if not the first, modern national constitutional republic.
  • A theoretical pillar of the United States Constitution is the idea of checks and balances between the powers and responsibilities of the three branches of American government.
  • The Judiciary explains and applies the laws.

• The Power of Judicial Review

  • Judicial review is the doctrine where legislative and executive actions are subject to review by the judiciary.
  • Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary.
  • Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority.
  • It is based on the idea that no branch of government should be more powerful than any other and that each branch of government should have a check on the powers of the other branches of government, thus creating a balance of power among all branches of government.
  • In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary.

• Vertical Checks and Balances

  • Checks and balances is a governmental structure that gives each of the branches a degree of control over the actions of the other.
  • It defines by law the jurisdiction of the federal judiciary in cases not specified by the Constitution.
  • Congress is in charge of ratifying treaties signed by the President and gives advice and consent to presidential appointments to the federal, judiciary, and executive departments.
  • He makes appointments to the federal judiciary, executive departments, and other posts with the advice and consent of the Senate, and has power to make temporary appointments during the recess of the Senate.
  • The Supreme Court arbitrates how a law acts to determine the disposition of prisoners, determines how a law acts to compel testimony and the production of evidence.