Judiciary Act of 1789

The Judiciary Act of 1789, officially titled "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington on September 24, 1789. Article III of the Constitution established a Supreme Court, but left to Congress the authority to create lower federal courts as needed. Principally authored by Senator Oliver Ellsworth of Connecticut, the Judiciary Act of 1789 established the structure and jurisdiction of the federal court system and created the position of attorney general. Although amended throughout the years by Congress, the basic outline of the federal court system established by the First Congress remains largely intact today.

Library of Congress Web Site | External Web Sites | Selected Bibliography

Digital Collections

A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

George Washington Papers

The complete George Washington Papers collection from the Manuscript Division at the Library of Congress consists of approximately 65,000 documents. George Washington to Edmund Randolph, September 28, 1789, "I mean not to flatter when I say, that considerations like these have ruled in the nomination of the Attorney-General of the United States, and, that my private wishes would be highly gratified by your acceptance of the Office. I regarded the office as requiring those talents to conduct its important duties, and that disposition to sacrifice to the public good, which I believe you to possess and entertain; in both instances, I doubt not, the event will justify the conclusion; The appointment I hope, will be accepted, and its functions, I am assured, will be well performed."

George Washington to United States Supreme Court, September 30, 1789 - A form letter used by Washington in 1789 when appointing judges to the Supreme Court.

James Madison Papers, 1723 to 1859

James Madison (1751-1836) is one of 23 presidents whose papers are held in the Manuscript Division of the Library of Congress. The Madison Papers consist of approximately 12,000 items. James Madison to Edward Pendleton, September 14, 1789, "The Judiciary is now under consideration. I view it as you do, as defective both in its general structure, and many of its particular regulations. The attachment of the Eastern members, the difficulty of substituting another plan, with the consent of those who agree in disliking the bill, the defect of time &c, will however prevent any radical alterations. The most I hope is that some offensive violations of Southern jurisprudence may be corrected, and that the system may speedily undergo a reconsideration under the auspices of the Judges who alone will be able perhaps to set it to rights." [Transcription]

Guide to Law Online

The Guide to Law Online, prepared by the Law Library of Congress Public Services Division, is an annotated guide to sources of information on government and law available online. Provides a compilation of Web sites for the United States Judiciary, including links to the Supreme Court and other Federal courts.

External Web Sites

Selected Bibliography