Acts of Congress: Federal Judiciary Act of 1789 With every well thought out story there always seems to be an unspoken hero. There is always a certain individual that gets the ball rolling, but they never get the credit they deserve. The government of the United States of America is no exception, and they too have such a character in their story. That character would be the Federal Judiciary Act of 1789. Without this act, the government system that the American people know today would look a whole lot different. This act established the very structure and jurisdiction of the federal court system, and it created the highly esteemed office of the attorney general (loc.gov). Its importance to the nation that is the United States of America shouldn’t be overlooked. It not only helped to create the system of checks and balances that was spoken of in the U.S. Constitution, but it also established the three-part judiciary, and helped to outline the structure and jurisdiction of each branch of the system. …show more content…
It was later signed into law by the United States of America’s first president, President George Washington, on September 24, 1789 (ourdocuments.gov). Ellsworth and Paterson viewed the act as a work in progress, and they always meant for it to be expanded upon at a later time in the future. Even though it has been amended throughout the many years that it has been around, the very foundation of the act has still remained primarily
There was discussion of judicial review in Federalist No. 78, written by Alexander Hamilton, which explained that the federal courts would have the power of judicial review. Hamilton stated that under the Constitution, the federal judiciary would have the power to declare laws unconstitutional. He also stated that this was appropriate because it would protect the people against abuse of power by Congress.
Shaping The Courts of America: The Judiciary Act of 1789 On the 17th of September in 1787, the delegates of the thirteen American colonies gathered at the Constitutional Convention in Philadelphia and signed the document that is known as the Constitution of the United States of America. On the 21st of June in 1788, the Constitution had been ratified by eleven of the thirteen colonies, and other laws and acts were being discussed as well by the representatives. While the Constitution had done a phenomenal job at creating and outlining the legislative system in Article 1 and the executive system in Article 2, it was very vague when describing the judiciary system and its powers in Article 3. As a result, the Senate deemed it necessary to appoint a committee responsible for making judicial outline.
During this time he made a lot of money from taxes, and the president started it and was getting feedback from everyone. It was created in 1794, it was the first test of federal authority in
The act would outlaw discrimination based on race or color, sex, religion or national origin. It also prohibited segregation in schools, employment, and public accomodation. Former President Kennedy’s plans were fulfilled thanks to Lyndon B. Johnson. Minorities finally had the same rights as any other person and were treated as an equal part in society. This law would have a lasting effect for future generations.
The Act was dealing with crimes against the United States condemning people who opposed the government in any way, whether they conspired with several people or just one. With that, the law continued with stating that people weren’t allowed to say, publish, or do any other form that would go against the federal government. It goes through a long list of things not permitted. Along with this, the Naturalization Act was created. The Naturalization Act made it take longer before immigrants could vote.
This act proposed the repealing of the 36-30 line and introducing more popular sovereignty by once again giving this power of choice to the citizens of the Kansas and Nebraska territories. Though this did bring upon some problems (such as people coming from neighboring states to illegally vote on these decisions), this freedom of choice was a huge step in the legislation of slavery. Obviously, the Emancipation Proclamation and the whole abolishment of slavery in 1863 and 1865, respectively, were both huge steps in American history concerning the legal status of
The Constitution was originally divided into seven articles. The first article in the Constitution grants the Legislative Branch its powers along with its limitations. It states that the Legislative Branch- also known as Congress- is divided into two houses: the House of Representatives, and the Senate. Congress has the authority to manage money by taxing, borrowing money, and regulating trade. Additionally, other important powers Congress incorporates is the authority to raise armies and preserving the navy.
It not only allowed the nation to grow, but made an orderly process for this expansion and growth. A later provision to the document may be one of the most influential on the country. It stated that if any territories had at least 60,000 free inhabitants they would be able to have delegates in the U.S. Congress. Not only did it insure that the new states could have a voice in Congress, but that they would be “on an equal footing with the original states in all respects” (Knepper 58).
The Act was also meant to repeal the Missouri Compromise. The Dred Scott decision was an influential political action. The Missouri compromise was deemed unconstitutional and all states in which slavery was illegal become legal because slaves were considered property and the government can’t take away property. All of these events contributed to the Civil War but, the Dred Scott decision made it
Madison was eventually able to out maneuver Henry, which helped pave the way for progression on the Constitution to continue (James Madison: Life After…). Even with the trying setbacks, Madison’s hard work paid off, and the Constitution became the new functioning government in 1789. Following the ratification of the Constitution, James Madison was elected into the U.S. House of Representatives. Here, Madison worked on
It set mandatory sentences for the crimes. So, this shifted the power from the judge to the prosecutor, and 95% of elected prosecutors are white(13th). This shows that still today racism and the effects of slavery are still being felt 151 years
The Naturalization Act of 1790 was one of the first pieces of legislation
After gaining a seat in the Supreme Court and the case of Marbury versus Madison, Marshall created another segments of the court that revises actions of the executive and legislative branch, the judicial review. Because of the Judicial Review, the Supreme Court has the authority to have the final verdict on court cases and to rule something as unconstitutional. Before John Marshall, the judicial branch was not as strong as the other two branches, but with his intervention all branches were able to reach equality. The citizens during the time period had a higher probability to have a fair verdict without corruption and citizens, today, continue to have that liberty. Since, the Marbury versus Madison case, the courts continue to use it as a foundation of how the Supreme Court functions to avoid any unfairness or abuse of power.
As stated earlier, the first reason was to organize government and the second reason was to assist Congress in carrying out all other expressed powers. No matter how hard the Framers tried, they knew that it would be impossible to tackle every miniscule detail needed to organize a government and that new issues would continuously be introduced to the political world that were not addressed in the Constitution. Edmund Randolph, a committee member, had suggested the idea that Congress be the ones to accomplish this task and James Wilson, author of the clause, was the one to propose the clause to overarch that idea (Engdahl 2017). Without the clause, the legislative branch would be overstepping its power and disrespecting the notion of separation of powers any time they chose to expand their governance over a new issue that is not mentioned in the
The Chief Justice of the Supreme Court at the time was Chief Justice John Marshall, and he declared that this whole process of delivering commissions for judges, the Judiciary Act, was unconstitutional. The Supreme Court declared this act illegal, because it gave the Supreme Court a power that they were forbidden to have. This is when the first law was declared unconstitutional and judicial review came into