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The United States Judiciary Act of 1789

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2021-02-11 13:33
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2021年2月11日发(作者:vagg)


The


United


States



Judiciary


Act


of


1789



(ch.


20,


1


Stat.



73


)


was


a


landmark


statute


adopted on September 24, 1789 in the first session of the


First


United


States


Congress



establishing


the


U.S.


federal


judiciary


.


Article


III, section 1 of the


Constitution


prescribed that the


of the United States, shall be vested in one supreme Court,


inferior courts as Congress saw fit to establish. It made no provision,


though, for the composition or procedures of any of the courts, leaving


this to Congress to decide.


The existence of a separate federal judiciary had been controversial


during the debates over the ratification of the Constitution.


Anti- Federalists


had denounced the judicial power as a potential


instrument of national


tyranny


. Indeed, of the ten amendments that


eventually


became


the


Bill


of


Rights


,


five


(the


fourth



through


the


eighth


)


dealt


primarily


with


judicial


proceedings.


Even


after


ratification,


some


opponents of a strong judiciary urged that the federal court system be


limited to a Supreme Court and perhaps local


admiralty


judges. The


Congress,


however,


decided


to


establish


a


system


of


federal


trial


courts


with broader jurisdiction, thereby creating an arm for enforcement of


national laws within each state.


[


edit


] Details of the Act


The


Act


set


the


number


of


Supreme


Court



justices



at


six:


one


Chief


Justice



and five


Associate Justices


. The Supreme Court was given exclusive


original


jurisdiction



over


all


civil


actions



between


states,


or


between


a


state


and


the


United


States,


as


well


as


over


all


suits


and


proceedings


brought


against


ambassadors


and


other


diplomatic


personnel;


and


original,


but


not


exclusive,


jurisdiction


over


all


other


cases


in


which


a


state


was


a party and any cases brought by an ambassador. The Court was given


appellate jurisdiction over decisions of the federal circuit courts as


well as decisions by state courts holding invalid any statute or treaty


of


the


United


States;


or


holding


valid


any


state


law


or


practice


that


was


challenged


as


being


inconsistent


with


the


federal


constitution,


treaties,


or


laws;


or


rejecting


any


claim


made


by


a


party


under


a


provision


of


the


federal constitution, treaties, or laws.


The


Act


also


created


13


judicial


districts


within


the


11


states


that


had


then


ratified


the


Constitution


(


North


Carolina



and


Rhode


Island



were


added


as


judicial


districts


in


1790,


and


other


states


as


they


were


admitted


to


the Union). Each state comprised one district, except for


Virginia


and


Massachusetts


, each of which comprised two. Massachusetts was divided


into


the


District


of


Maine



(which


was


then


part


of


Massachusetts)


and


the


District of Massachusetts (which covered modern-day Massachusetts).

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