The Constitution says very little about the organization and operation of the Judicial Branch of the national government. According to Article III, "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." While the Founding Fathers agreed that there would be a Supreme Court, they provided few other details about the Judicial Branch. Filling in these details was left up to Congress.
Click through the slides below to see how Congress elaborated on the organization and operation of the Judicial Branch.
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Judiciary Act of 1789 Six months into its first session, Congress passed the Judiciary Act of 1789. Consisting of 35 sections, this act filled in many details about the Judicial Branch that had been left undetermined by the Constitution. One of the unanswered questions involved the number of justices that would sit on the Supreme Court. The only justice mentioned in the Constitution is the Chief Justice. The Judiciary Act of 1789 added five Associate Justices to the Supreme Court, bringing the total membership on the Court to six.
The District Courts In addition to setting the size of the Supreme Court at six members, the Judiciary Act of 1789 also created the first "inferior courts." These inferior courts consisted of 13 district courts—one in each of the major cities around the country—and three circuit courts covering the rest of the country. The Eastern Circuit included New York, Connecticut, Massachusetts, New Hampshire, and Rhode Island. The Middle Circuit included Pennsylvania, New Jersey, Delaware, Maryland, and Virginia. And the Southern Circuit included North Carolina, South Carolina, and Georgia.
Riding the Circuit The Judiciary Act of 1789 gave the Supreme Court the power to review any case in which state laws may have violated the Constitution, treaties, or national laws. This power required Supreme Court justices to become familiar with state laws. To ensure this familiarity, each justice was assigned to one of the three circuit courts. Twice a year the justices had to travel around their circuit hearing cases. "Riding the circuit" was frowned upon by the members of the Supreme Court because of the long hours spent rumbling over bumpy roads in horse-drawn carriages. |
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What have you learned about the organization and operation of the Judicial Branch? Answer the questions below to check your knowledge.
Which national court is specifically mentioned in Article III of the Constitution?
- Supreme Court
- District Courts
- Circuit Courts
- All are specifically mentioned.
The only national court specifically mentioned in Article III is the Supreme Court. The other courts were created by Congress through the Judiciary Act of 1789.
The only national court specifically mentioned in Article III is the Supreme Court. The other courts were created by Congress through the Judiciary Act of 1789.
The only national court specifically mentioned in Article III is the Supreme Court. The other courts were created by Congress through the Judiciary Act of 1789.
The only national court specifically mentioned in Article III is the Supreme Court. The other courts were created by Congress through the Judiciary Act of 1789.
How many justices made up the Supreme Court after passage of the Judiciary Act of 1789?
- One
- Three
- Six
- Thirteen
While the Constitution only mentions the Chief Justice, the Judiciary Act of 1789 added five Associate Justices to the Supreme Court. This gave the Court a total membership of six justices.
While the Constitution only mentions the Chief Justice, the Judiciary Act of 1789 added five Associate Justices to the Supreme Court. This gave the Court a total membership of six justices.
While the Constitution only mentions the Chief Justice, the Judiciary Act of 1789 added five Associate Justices to the Supreme Court. This gave the Court a total membership of six justices.
While the Constitution only mentions the Chief Justice, the Judiciary Act of 1789 added five Associate Justices to the Supreme Court. This gave the Court a total membership of six justices.
Which states made up the Eastern Circuit?
- Pennsylvania, New Jersey, Delaware, Maryland, and Virginia
- New York, Connecticut, Massachusetts, New Hampshire, and Rhode Island
- North Carolina, South Carolina, and Georgia
- Pennsylvania, New York, Virginia, and North Carolina
The Eastern Circuit Court consisted of New York, Connecticut, Massachusetts, New Hampshire, and Rhode Island.
The Eastern Circuit Court consisted of New York, Connecticut, Massachusetts, New Hampshire, and Rhode Island.
The Eastern Circuit Court consisted of New York, Connecticut, Massachusetts, New Hampshire, and Rhode Island.
The Eastern Circuit Court consisted of New York, Connecticut, Massachusetts, New Hampshire, and Rhode Island.
How did the Supreme Court justices feel about "riding the circuit"?
- The justices were indifferent to it because they all had to do it.
- The justice looked forward to it because it gave them an opportunity to learn about state laws.
- The justices tolerated it because they were paid extra for doing it.
- The justices hated it because of the long hours they had to spend in horse-drawn carriages
The justices of the Supreme Court hated "riding the circuit" because they had to endure long hours riding over bumpy roads in horse drawn carriages.
The justices of the Supreme Court hated "riding the circuit" because they had to endure long hours riding over bumpy roads in horse drawn carriages.
The justices of the Supreme Court hated "riding the circuit" because they had to endure long hours riding over bumpy roads in horse drawn carriages.
The justices of the Supreme Court hated "riding the circuit" because they had to endure long hours riding over bumpy roads in horse drawn carriages.
Summary
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