Not Much of a Judicary Act of 1789

The next significant contribution to the federal judiciary system was the Judiciary Act of 1789. This law was responsible for establishing the federal court system, which included multi-tiered federal courts (District and Supreme Courts) which were to function, somewhat in parallel with the current state court systems. In the debates in the House of Representatives, the primary concern was the federal courts would eventually have full jurisdiction, thus wiping out the local state courts.

The Judiciary Act of 1789 primarily provided guidance on the structure of the federal courts and guidance to their jurisdiction. The only aspect of the law relevant to my purpose was Section 25, which may include on the longest sentences I have ever read in my life. This section granted the Supreme Court appellate jurisdiction of state court cases involving federal or constitutional law, however there was no instruction on how the justices were to inform their decisions, nor was there any provisions for the Court’s power to strike down law.

 

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