The Start of the Steaming Pile

The Judiciary Act of 1789 (ch. 20, 1 Stat. 73) was a United States federal statute adopted on September 24, 1789, in the first session of the First United States Congress. It established the federal judiciary of the United States.[3][4][5][6]Article III, Section 1 of the Constitution prescribed that the “judicial power of the United States, shall be vested in one supreme Court, and such inferior Courts” as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide.[7]  

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 offederal trial courts with broader jurisdiction, thereby creating an arm for enforcement of national laws within each state.

4 thoughts on “The Start of the Steaming Pile

  1. Koyote, is this from the Anti-Fed. papers?

    A great deal is spoken here, and I need to know the significance and nuances.

    Maybe Henry will pipe in, or I can call into the broadcast.

    1. ITIS A WIKIPEDIA ARtICLE THAT ATTEMPTS TO EXPLAIN WHY THE GOVERNMENT HAS JURISDICtION OVER OUR COMMON LAW……………… . 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” “unquote” to establish a system of federal trial courts with broader jurisdiction, thereby creating an arm for enforcement of national laws within each state.compliments of “never tell a lie “judeo george” washington.

      1. Thanks for the reply. I do still have some questions. There were common law courts up to a certain point in history of which have been removed. These common law courts were operating AFTER the section was put into the constitution. Anyway, still need some minor nuances cleared up mentally.
        I think the following is quite important in that they got into the states.
        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

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