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Judiciary Act of 1789

The United States Judiciary Act of 1789 (ch. 20, 1 Stat. 73) was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary. 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, though, for the composition or procedures of any of the courts, leaving this to Congress to decide.

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