What’s the Judiciary Act?

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The Judiciary Act of 1789 organized the federal court system, creating judicial districts with district and circuit courts. It also established the Attorney General’s Office and US Marshals Service. The act allowed cases to be heard in federal rather than state courts and gave the Supreme Court final say on interpretations of federal law. In 1803, the Supreme Court declared the provision for acts of mandamus unconstitutional in Marbury v. Madison.

The Judiciary Act of 1789 was passed by the United States Congress to organize the Supreme Court and other federal courts. This act divided the country into judicial districts with a district court and district courts to hear a variety of cases. Another component of the Judiciary Act was the creation of the Attorney General’s Office and the US Marshals Service. Congress also allowed people cited outside their states to have their cases heard in federal rather than state courts. In a landmark case, the United States Supreme Court declared the Act’s provision for acts of mandamus unconstitutional in 1803.

Members of Congress in 1789 voted to divide the United States into 13 districts to streamline the judicial process. These districts were initially assigned to the 11 states that ratified the new Constitution: North Carolina and Rhode Island were assigned districts in 1790. Each judicial district was assigned a district court and a district court that would hear cases outside the realm of local courts. The circuit courts were presided over by roving Supreme Court justices who heard criminal cases. District courts have dealt with misdemeanor and high seas misdemeanor cases.

This federal law created several offices intended to organize law enforcement and justice in the United States. Congress including the Attorney General’s Office. The Attorney General was given the role of defense attorney when the government was subpoenaed. This office also coordinated investigations into violations of federal law by individuals and businesses. The Judiciary Act also assigned a US Marshal and a federal attorney to each judicial district. United States Marshals were charged with carrying out the orders of the federal courts while United States Attorneys were charged with pursuing lawsuits on behalf of the federal government in their districts.

Congress created the power of dismissal in the federal courts in the text of the Judiciary Act. The power of removal refers to a defendant’s ability to request a hearing before a federal judge if the other litigant is based in a different state. This provision was designed to protect a defendant from potential bias and corruption in the accuser’s home state. The Judiciary Act also strengthens the constitutional provision that the Supreme Court has the final say on interpretations of federal law.

The Supreme Court was involved in striking out a provision of the 1789 Judiciary Act in the case of Marbury v. Madison. This 1803 decision ruled that the law’s provision for the Supreme Court’s writs of mandamus was unconstitutional. A writ of mandamus is an order from a higher court to a lower court to perform or not to perform a specific administrative function. The Judiciary Act of 1789 is often remembered as the first congressional bill that went through judicial review under the concept of checks and balances.




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