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US Federal judicial system
US Federal judicial system
牋牋 Establishment of the
Federal judicial system and the setting of the balance between�
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the Federal and the local judicial branches of power
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With the Judiciary Act of 1789, Congress first implemented the constitutional
provision that 搕he 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.� Although subsequent legislation altered many of the
1789 Act抯 specific provisions, and the 1891 Circuit Courts of Appeals Act
effected a major change, the basic design established by the 1789 Act has
endured: a supreme appellate court to interpret the federal Constitution and
laws; a system of power federal courts, separated geographically by state
boundaries and exercising basically the same jurisdiction; and reliance on
state courts to handle the bulk of adjudication in the nation. However, Article
III and its implementing legislation also reveal the clash of major
disagreements over the optimal extent of federal jurisdiction and the optimal
federal court structure to accommodate that jurisdiction.
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Constitutional Convention抯 decisions in 1787 about the national government抯
court system were few but important. The framers agreed that there would be a
separate federal judicial power and that to exercise it there would be a
Supreme Court and there could be other federal courts. They specified the
jurisdiction those courts could exercise, subject to congressional exceptions.
They prescribed the appointment procedure for Supreme Court judges, and they
sought to protect all federal judges from reprisals for unpopular decisions:
Judges� compensation could not be reduced, and judges could not be removed from
office other than by legislative impeachment and conviction. Putting flesh on
this skeleton fell to the First Congress. The Judiciary Act and the Bill of
Rights same forces that contended over the writing and ratification of the
Constitution in 1787 and 1788 sparred in the First Congress in 1789 over the
nation抯 judicial system. Federalists generally supported the Constitution and
the policies of President Washington抯 administration, and they wanted to
establish a lower federal judiciary. Anti-Federalists opposed the Constitution�
or at least wanted significant changes in it� and favored at best only a very
limited federal judiciary. After the Constitution went into effect in 1789,
outright opposition to it diminished quickly. Democratic Republicans, or
揓effersonians,� emerged as a counter to the Federalists in power. department
will be oppressive.� The star chamber of British legal history lingered in some
people抯 minds, and many more remembered how state courts issued judgments
against debtors during the economic turmoil under the Articles of
Confederation. Charles Warren identified four main changes that opponents
sought in the Constitution抯 judiciary provisions: guaranteeing civil as well
as criminal trial juries, restricting federal appellate jurisdiction to
questions of law, eliminating or radically curtailing congressional authority to
establish lower federal courts, and eliminating the authorization for federal
diversity jurisdiction.� Many who had supported the Constitution, however,
believed a federal court system was necessary but doubted the need for a bill
of rights. To them, the Constitution, in Hamilton抯 famous phrase, 搃s itself,
in every rational sense, and to every useful purpose, a bill of rights.� The
Constitution as ratified contained specific limitations on the national
government (e. g., Article III抯 provision for criminal jury trials), and in a
broader sense, it established an energetic national government, extending over
a large republic, that would be capable of protecting people from the
oppression of local factions. Courts would also protect rights. As Chief Justice
John Jay later told the grand juries of the Eastern Circuit, 搉othing but a
strong government of laws irresistibly bearing down [upon] arbitrary power and
licentiousness can defend [liberty] against those two formidable enemies.� To
many Federalists, state courts under the Articles of Confederation had too
easily yielded to popular pressures; the Federalists believed that a separate
set of federal courts was necessary to achieve 揳 strong government of laws.�
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First Congress faced these interrelated questions: What provisions should a
bill of rights contain? Should Article III抯 provisions governing federal
judicial organization and jurisdiction be altered? How should Article III be
implemented? From April to September of 1789, the First Congress addressed them
all. Early in the first session of the House of Representatives, James Madison,
the principal architect of the Constitution, put together a proposed bill of
rights drawn from state proposals and constitutional provisions. Madison had
opposed a bill of rights a year earlier, claiming that 損archment barriers�
were no protection against 搕he encroaching spirit of power,� but he knew the
importance of honoring commitments made in the ratification debates. More over,
he told the House, if a bill of rights is incorporated into the Constitution,
搃ndependent tribunals of justice will consider themselves in a peculiar manner
the guardians of those rights.� Madison guided his proposed amendments through
legislative revisions and around colleagues who thought they were unnecessary
or unwise, and he eluded other legislators who wanted to add provisions to
curtail severely the contemplated federal judicial system. Meanwhile, the
Senate quickly took up the organization and jurisdiction of the federal courts.
The principal drafters of Senate Bill� were three lawyers: Oliver Ellsworth of
Connecticut, William Paterson of New Jersey, and Caleb Strong of Massachusetts.
Ellsworth and Paterson had served in the Constitutional Convention, and
Ellsworth served on the committee of the Continental Congress that heard
appeals in prize cases. He had a special appreciation of the role that a
federal judiciary, properly constituted, might serve. (Ellsworth and Paterson
went on to serve on the U. S. Supreme Court, Ellsworth as Chief Justice.) On
September 24, 1789, Washington signed 揂n Act to Establish the Federal Courts
of the United States� and sent his nominations for the first federal judges to
the Senate. On the same day, the House accepted the conference report on the
proposed Bill of Rights. The Senate followed suit the next day, and twelve
amendments went to the states for ratification. Ten of them became part of the
Constitution in 1791.
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Federalists made important concessions to get a federal judicial system. The
Judiciary Act bowed to the Anti- Federalists in two general ways: It restricted
federal jurisdiction more than the Constitution required, and it tied the
federal courts to the legal and political cultures of the states.
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limited federal trial court jurisdiction mainly to admiralty, diversity, and U.
S. plaintiff cases, and to federal criminal cases. There was little dispute
about the need to create national admiralty courts. Even opponents of the
Constitution recognized the importance of maritime commerce and the
government抯 inability under the Articles of Confederation to provide an
adequate judicial forum for resolving admiralty disputes. (Pursuant to an
authorization in the Articles of Confederation, the Continental Congress in
1780 had established a U. S. Court of Appeals in Cases of Capture, but that
court had been undermined by widespread refusal to honor its mandates.) When
proposals to abolish Congress抯 Article III authority to establish federal
courts were made in the state ratifying conventions and in the First Congress,
there was usually an exception for courts of admiralty. A major concession to
the Anti- Federalists concerned jurisdiction over cases arising under the
federal Constitution or laws: For the most part, unless diversity was present,
such federal- question cases could be filed only in state court. The Act made
some specific grants to federal courts: the admiralty jurisdiction, for
example, and jurisdiction over treaty rights cases. Section 14 authorized
federal judges to issue writs of habeas corpus concerning the legality of
federal detentions. Congress added incrementally to federal courts� federal-
question jurisdiction� starting in 1790 with certain patent cases� 梑ut it
didn抰 grant federal courts a general federal- question jurisdiction until
1875. The absence of such a grant meant less in 1789 than it would mean today
or in 1875 because federal statutory law was so limited in the early years.
Other provisions of the Act reflected the same fear of overbearing judicial
procedures that was reflected in the Bill of Rights. For example, to alleviate
fears that citizens would be dragged into court from long distances, section 3
specified places and terms of holding court in each district, and section 11
provided that civil suits must be filed in the defendant抯 district of
residence. Sections 9 and 12 protected the right to civil and criminal juries
in the district and circuit courts, as the Sixth and Seventh Amendments would
later do, and section 29 shielded juror selection and qualifications from
federal judicial control by directing courts to use the methods of their
respective states. Sections 22 and 25 protected jury verdicts from appellate
review; these sections responded to vigorous attacks on Article III抯 qualified
grant to the Supreme Court of 揳ppellate jurisdiction, both as to law and
fact.� And, as noted earlier, section 14 authorized federal judges to issue
writs of habeas corpus to inquire into instances of federal detention.
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nationalist victory in the Act was the implementation of the constitutional
authorization of jurisdiction in cases 揵etween citizens of different States�
and cases involving aliens. Under section 11, the circuit courts, like the
state courts, could hear suits when 揳n alien is a party, or the suit is
between a citizen of the State where the suit is brought, and a citizen of
another State.� Why did the Federalists want this federal diversity of
citizenship jurisdiction? It was not simply� perhaps not even mainly� out of
fear that state courts would be biased against out- of- state litigants.
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Federalists worried about the potential for control over judges by state
legislatures, which selected judges in most states and had the authority to
remove them in more than half the states. Given the influence of debtor
interests in state legislatures, the Federalists worried that state judges
might be reluctant to enforce unpopular contracts or generally to foster the
stable legal conditions necessary for commercial growth. Diversity jurisdiction
was necessary to avoid a return to the conditions under the Articles of
Confederation. Anti-Federalists fought the diversity of citizenship
jurisdiction; they believed it 搘ould involve the people of these States in the
most ruinous and distressing law suits.敔 To quiet these fears, the Act
established a jurisdictional minimum of $ 500, so that defendants would not
have to travel long distances in relatively minor cases, and made state laws
the rules of decision in the absence of applicable federal law.
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Federalists achieved their goal of establishing a federal trial judiciary
rather than leaving all trials in the state courts. But the federal courts that
the Act created were not designed to be completely free of the influence of
their states� politics and legal culture. The federal judiciary抯 fierce
independence in protecting national legal rights against occasional state
encroachment has been sustained by factors other than the geographic structure
of the national court system. It seems axiomatic today that no district or
circuit boundary should cross a state line, because (with one minor exception
28 ) none does. The 1789 Judiciary Act set this precedent, just as it required
the district judges to reside in their districts. These requirements create
inevitable relationships between federal courts and the states in which they
are located. But state boundaries are not the only way that federal court
boundaries could be defined. The creators of the federal judiciary might have
established separate judicial administrative divisions that would ensure
roughly equal allocation of workload and would be subject to realignment to
maintain the allocation. In 1800, a last- gasp Federalist bill to revamp the
judicial system would have divided the United States into nine circuits and
twenty-nine districts, each district with a distinctive name and bearing no
direct relation to state boundaries. For example, in the northern part of what
is now the Second Circuit there would have been the district of Champlain, and
in the western part of what is now the Fourth Circuit would have been the
district of Cumberland. Whatever administrative sense this arrangement might
have made, it ran counter to the strong preference that federal courts have
ties to the states in which they are located.
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today, the most curious aspect of the 1789 Judiciary Act was Congress抯
decision to create a major federal trial court but not to create any separate
judgeships for it. The Act directed the two Supreme Court justices assigned to
each circuit to travel to the designated places of holding circuit court, to be
joined there by the district judge. This requirement, along with a sparse
Supreme Court caseload in the early period, meant that the early Supreme Court
justices spent most of their time serving as trial judges. Circuit riding was
common in the states. It was attractive to Congress for three reasons. First,
it saved the money a separate corps of judges would require. In 1792, the
Georgia district court judge reported that Congress declined to create separate
circuit judgeships partly because 搕he public mind was not sufficiently
impressed with the importance of a steady, uniform, and prompt administration
of justice,� and partly because 搈oney matters have so strong a hold on the
thoughts and personal feelings of men, that everything else seems little in
comparison.� Second, circuit riding exposed the justices to the state laws they
would interpret on the Supreme Court and to legal practices around the country�
it let them 搈ingle in the strife of jury trials,� as a defender of circuit
riding said in 1864. Third, it contributed to what today we call 搉ation
building.� It would, according to Attorney General Edmund Randolph, 搃mpress
the citizens of the United States favorably toward the general government,
should the most distinguished judges visit every state.� (In fact, they did
more than visit. The justices� grand jury charges explained the new regime to
prominent citizens all over the country, winning praise from the Federalist
press and barbs from the Jeffersonian press. Whatever logic supported circuit
riding, the justices themselves set about almost immediately to abolish it.
They saw themselves as 搕raveling postboys.� They doubted, in the words of a
Senate ally, 搕hat riding rapidly from one end of this country to another is
the best way to study law.� Furthermore, they warned President Washington,
trial judges who serve also as appellate judges are sometimes required to
揷orrect in one capacity the errors which they themselves may have committed in
another . . . a distinction unfriendly to impartial justice.� The 1789 Act
prohibited district judges from voting as circuit judges in appeals from their
district court decisions but placed no similar prohibition on Supreme Court
justices. The justices themselves agreed to recluse themselves from appeals
from their own decisions unless there was a split vote (a rare occurrence).
Congress抯 only response to their complaints was a 1793 statute reducing to one
the number `of justices necessary for a circuit court quorum.
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the First Judiciary Act required have been swept aside. But other features it
provided are so intrinsic to US system of justice that the Americans rarely
give them a second thought: a separate set of courts for the national
government, arranged geographically according to state boundaries, deciding
matters of national interest. When the Act was approaching its third year,
Chief Justice John Jay, sitting as a judge of the Circuit Court for the Eastern
Circuit, undertook in his charge to the grand juries of that circuit to
describe something of this new system of federal courts. Those who created the
federal courts faced a formidable task, he observed, because 搉o tribunals of
the like kind and extent had heretofore existed in this country.� In that
environment of experimentation, Jay reminded the grand jurors� and his words
could well be a charter for contemporary efforts� that 搕he expediency of
carrying justice, as it were, to every man抯 door, was obvious; but how to do
it in an expedient manner was far from being apparent.�
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