
	Where results make sense

Topic: Judiciary Act of 1801

	The Judiciary Act of 1789
		Acting on its constitutional authority to establish inferior courts, the Congress instituted a three-tiered judiciary.
		In response to those concerns, the act allowed state courts to exercise concurrent jurisdiction over many federal questions, it required federal courts to select juries according to the procedures used by the district’s state courts, and it guaranteed the right to trial in the district where the defendant lived.
		One of the first acts of the new Congress was to establish a federal court system in the Judiciary Act of 1789.
	www.infoplease.com /t/hist/federal-judiciary-act (2094 words)

	Judiciary Act -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-12)
		Thus the Judiciary Act of 1789 was the first act by Congress to be partially invalidated by the Supreme Court.
		This Act was ineffective in prolonging Federalist control: the Republican Congress repealed it on March 8, 1802, and the Federalist judges in the newly created courts found themselves out of work, their positions abolished.
		The pension was set at the salary of the judge at the time of retirement, and a judge had to be at least seventy years old and have ten years of service on the federal bench before being allowed to retire.
	www.absoluteastronomy.com /encyclopedia/j/ju/judiciary_act.htm (638 words)

	Encyclopedia: Judiciary Act (United States) (Site not responding. Last check: 2007-10-12)
		John Adams in order to prolong Federalist control of the judiciary in the face of an incoming The Democratic-Republican party was a United States political party, which evolved early in the history of the United States.
		This Act was ineffective in prolonging Federalist control: the Republican Congress repealed it on March 8 is the 67th day of the year in the Gregorian Calendar (68th in Leap years).
		The Judiciary Act of 1891, also known as the Evarts Act after Senator William Maxwell Evarts (February 6, 1818–February 28, 1901) was an American lawyer and statesman.
	www.nationmaster.com /encyclopedia/Judiciary-Act-(United-States) (2840 words)

	The Judiciary Act of 1801 and its Repeal
		The Judiciary Act of 1801, although enacted to correct for deficiencies in the judiciary, ignited partisan feuding.
		The Judiciary Act of 1801 created sixteen new judgeships to serve on six new circuit courts and decreased the number of Supreme Court justices from six to five.6 Although on the surface these changes seemed to remedy the problems plaguing the court, they instead served to ignite partisan controversy.
		The Judiciary Act of 1801 was the dying Federalists last hope to remain in government.
	www.virginia.edu /history/courses/hius401b/papers/sprinkle/401d.htm (2649 words)

	Marbury v. Madison - MSN Encarta
		This act empowered the president to appoint justices of the peace (magistrates) for the new city.
		Jefferson became president on March 4, 1801, and the new secretary of state was James Madison.
		Because of the Judiciary Act of 1802, the Supreme Court did not meet at all from December 1801 until February 1803.
	encarta.msn.com /encyclopedia_761571106/Marbury_v_Madison.html (1042 words)

	DCBA Brief, September 1997 Issue - Chapter 12 - The Gathering Storm
		But the act itself was not without merit,53 and in a cooler political climate—arguably, the one that Jefferson and Marshall were striving to create—the political overgrowth might have been pruned without damaging the measure’s root structure.
		His informal advice to Bayard that the repeal of the Act of 1801 was constitutional was a clear signal to the Federalists to pull in their horns, and his letters to his colleagues were so cautiously phrased that it is clear the chief justice was making every effort to contain the crisis.
		The Federalist leadership perceived the subsequent passage of the Judiciary Act of 1802 to be an act of vengeance.
	dcba.org /brief/sepissue/1997/art20997.htm (3643 words)

	US District Court Middle District of TN (Site not responding. Last check: 2007-10-12)
		The Judiciary Act of 1801 abolished the U.S. district court in Tennessee and authorized the U.S. Circuit Court for the Sixth Circuit to hold court in the districts of East and West Tennessee and exercise the full jurisdiction of district and circuit courts.
		The repeal of the Judiciary Act of 1801 restored the judicial organization in effect before 1801, thereby reestablishing the U.S. District Court for the District of Tennessee, with the trial jurisdiction of a circuit court.
		The act repealed the circuit court jurisdiction of the U.S. District Courts for the Eastern and Western Districts of Tennessee, assigned the district to the Seventh Circuit, and established a U.S. Circuit Court for the District of Tennessee
	www.tnmd.uscourts.gov /legislativehistory.html (338 words)

	Federal Courts
		The Judiciary Act of 1789 established a Supreme Court with one chief justice and five associate justices.
		The act further defined the jurisdiction of the Supreme Court to include appellate jurisdiction in larger civil cases and cases in which state courts ruled on federal statutes.
		The act establishing the circuit courts of appeals in 1891 authorized the justices to grant review through certiorari and allowed the courts of appeals to certify other cases for appeal to the high Court at the same time that it restricted the right of automatic appeal to the Supreme Court.
	people.bu.edu /csch/federalcourts.html (1178 words)

	Federal Judicial History \| The Judiciary Act of 1801 - Historical Note
		The Judiciary Act of 1801 reduced the size of the Supreme Court from six justices to five and eliminated the justices’ circuit duties.
		The reorganization of the federal judiciary was in part a response to calls for reform of the justices’ circuit court obligations.
		The scope of the Judiciary Act of 1801, however, went beyond any specific revision of the judicial system and represented the triumph of those who advocated a dominant national judiciary rather than the compromise of 1789 which left the state courts with a significant share of federal jurisdiction.
	www.fjc.gov /history/home.nsf/page/03a_bdy (433 words)

	John Marshall
		Shortly before that, on December 16, 1801, Charles Lee requested the Court issue an order to James Madison, Jefferson's Secretary of State, to show cause (that is, to explain in law) why a writ of mandamus (an order requiring that a nondiscretionary duty be performed) should not be issued by the Court.
		In addition to the Judiciary Act, the lame duck Federalist Congress enacted the District of Columbia Judges Act on February 27, 1801.
		Based on the Supremacy Clause of the Constitution, any Act of Congress that was contrary to a provision in the Constitution was unconstitutional, and it was the Court's duty, as the body given the power to interpret the law, to hold unconstitutional Section 13 of the Judiciary Act of 1789.
	www.michaelariens.com /ConLaw/justices/marshallj.htm (1730 words)

	Jeffersonian Republicanism
		The specific issue that provoked his anger was the Judiciary Act of 1801, which was passed by the lame‑duck Federalist‑dominated Congress five days before Adams's term expired.
		Marshall conceded that Marbury had a right to his appointment but ruled the Court had no authority to order the Jefferson administration to act, since the section of the Judiciary Act that gave the Court the power to issue an order was unconstitutional.
		Chief Justice Marshall recognized that the judiciary was the weakest of the three branches of government, and in the future the high court refrained from rulings in advance of national sentiment.
	www.hfac.uh.edu /gl/1800s3.htm (649 words)

	[No title]
		The Judiciary Act of 1801 was one of the last acts of the Federalists and Adams.
		February 1801 Authorized the President to appoint new judges, he and the legislature signed and sealed and recording, `but not all were delivered before Jefferson took over.
		Thus, the Court must determine when such acts are actually made in pursuance of the Constitution (this section was really directed at state courts, but was eked out by Marshall.) ÂÂÂÂÁÁHe also argued that from a policy point of view, that the constitution was drafted to keep state laws from being at loggerheads.
	www.feudaltimes.com /CONLAW.doc (7096 words)

	Stuart v. Laird
		This is apparent from the ninth section of the act entitled ‘an act to amend the judicial system of the United States,’ passed the 29th of April 1802.
		In March 1802, the Jeffersonian Republicans repealed the Judiciary Act of 1801 in the Judiciary Act of 1802.
		The 1801 Act created new circuit judge positions, a number of which had been filled by the lame-duck Senate in late February and early March 1801.
	www.michaelariens.com /ConLaw/cases/stuart.htm (776 words)

	Pol Sci 3103 Constitutional Politics in the U.S. (Site not responding. Last check: 2007-10-12)
		The Alien Act, the Sedition Act, and Nullification
		Moreover, the Acts represent an action "expressly and positively forbidden by one of the amendments" (--Virginia Resolution).
		Second Kentucky Resolutions (1799) restated and refined the earlier argument, and responded to other states' disagreement, saying that "the principle and construction contended for by sundry of the state legislatures, that the general government is the exclusive judge of the extent of he powers delegated to it, stop nothing short of despotism.
	www.artsci.wustl.edu /~polisci/calvert/PolSci3103.fall02/judiciary.html (1146 words)

	The Madison Era: Judicial Review: Marbury v. Madison: John Marshall Article
		It was a decision that reflected Marshall’s basic political moderation and conformed to his strongly held view that the judiciary should remain nonpartisan—a view that, in 1802, was shared neither by the irreconcilable in his own party nor by the radical wing of the Republicans.
		As chief justice, Marshall was assigned by the Judiciary Act of 1802 to the fifth circuit, comprising the districts of Virginia and North Carolina.
		Convinced that the repeal of the Judiciary Act of 1801 was the opening salvo of a Republican campaign to dismantle the entire federal judiciary and perhaps even the Constitution itself, the party’s hard core went on the offensive.
	www.jmu.edu /madison/center/main_pages/madison_archives/era/judicial/article2.htm (7350 words)

	CRS/LII Annotated Constitution Article III
		It utilized this power once in 1801 to change its terms so that for fourteen months the Court did not convene, so as to forestall a constitutional attack on the repeal of the Judiciary Act of 1801.
		Thirteen district courts were constituted to have four sessions annually,19 and three circuit courts were established to consist jointly of two Supreme Court justices each and one of the district judges of such districts which were to meet twice annually in the various districts comprising the circuit.
		By the Judiciary Act of February 13, 1801,23 passed in the closing weeks of the Adams Administration, the districts were reorganized, and six circuit courts consisting of three circuit judges each were created.
	www.law.cornell.edu /anncon/html/art3frag1_user.html (1344 words)

	The Supreme Court Historical Society
		In the eighty years back from that date to the First Judiciary Act of 1789 the number on the bench had gone from six to ten and back to seven--except that before vacancies reduced the Court to that number, Congress added two more seats.
		Sometimes it was a matter of politics, as in 1801 and 1802, and again in 1866 and 1869.
		In a new Judiciary Act in 1802, the Anti-Federalists continued the 1801 provision for six circuits, although it shuffled the states to be included in each.
	www.supremecourthistory.org /04_library/subs_volumes/04_c02_m.html (1658 words)

	SparkNotes: The First Years of the Union (1797-1809): The Attack on the Judiciary
		While the main thrust of the act was the creation of sixteen new federal judgeships to ease the load on the Supreme Court, the most concerning clause, to Republicans, was that which cut the number of Supreme Court Justices from six to five.
		Jefferson did not interfere with the judiciary after 1804, and his relations with the judicial branch as a whole were generally amiable.
		Recalling the enthusiasm with which the federal judiciary had enforced the Alien and Sedition Acts, and bemoaning the absence of Republicans in federal judicial positions, Jefferson feared the judiciary would remain a Federalist stronghold and provide a major roadblock to his initiatives.
	www.sparknotes.com /history/american/firstyears/section5.rhtml (1101 words)

	The Judiciary Act of 1801 reorganized the federal judiciary and established the first circuit judgeships.
		The Judiciary Act of 1801 reorganized the federal judiciary and established the first circuit judgeships.
		Within twelve years of the establishment of the federal judiciary, Congress approved a sweeping reorganization of the nation’s court system and significantly expanded federal jurisdiction.
		A 1793 act reducing from two to one the number of justices required for a circuit court did little to quiet the justices’ complaints about the burdens of time and travel.
	cpdp.uab.es /federalismojudicial/castellano/legislacion/extranjera/eeuu/3.htm (559 words)

	MARBURY V MADISON
		The Judiciary Act created a number of additional federal judgeships, which under the Constitution President Adams would be able to fill with good Federalists, of course.
		The act [the Judiciary Act of 1789] to establish the judicial courts of the United States authorizes the Supreme Court, “to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed or persons holding office, under the authority of the United States” [Section 13].
		It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or that the legislature may alter the Constitution by an ordinary act.
	web.utk.edu /~scheb/marbury.htm (2123 words)

	[No title]
		John Marshall and the Supreme Court A. Judiciary Act of 1801 1.
		Act repealed by the newly elected Republican Congress in 1802.
		Marshall ruled that part of the Judiciary Act of 1789, upon which Marbury had based his appeal, was unconstitutional by giving the Court the right to enforce appointments (only the executive branch can enforce the law) b.
	www.belleville.k12.wi.us /bhs/history/Jefferson.doc (2905 words)

	Idea of America Essay Contest
		He argued that the portion of the Judiciary Act that allowed the Supreme Court to issue such writs was unconstitutional since the Constitution did not grant the judicial branch such authority.
		This authority raised the judiciary to a level equal to that of the legislative and executive branches, one able to check and balance the other two branches' power.
		Ironically, in denying the courts the additional writ authority and declaring the Judiciary Act of 1789 unconstitutional, Marshall gave the court the more important, implied constitutional authority of "judicial review," which was essential for effective checks and balances with the presidency and Congress.
	www.neh.gov /wtp/essay/archive/2003/2003winner.html (1087 words)

	THE ORIGINS AND HISTORY OF FEDERAL JUDICIAL INDEPENDENCE - An Independent Judiciary- Report of the ABA Commission on ... (Site not responding. Last check: 2007-10-12)
		The limits of Congress's regulatory authority, and hence the scope of the judiciary's institutional autonomy and independence thus remained unexplored and uncertain.
		The judiciary had no institutional identity to speak of, being a decentralized confederation of judges whose sense of "independence" was derived as much from geographical isolation as anything else.
		It routinely acted on proposals recommended by the Judicial Conference, and never once interfered with procedural rules promulgated by the Supreme Court from 1934, when the Rules Enabling Act was passed, to 1973.
	www.abanet.org /govaffairs/judiciary/rac.html (2171 words)

	ipedia.com: Judiciary Acts Article (Site not responding. Last check: 2007-10-12)
		Judiciary Act of 1789 The Judiciary Act of 1789 established a United States Supreme Court of six judges, provided 13 district courts and 3 circuit courts.
		The Judiciary Act of 1789 established a United States Supreme Court of six judges, provided 13 district courts and 3 circuit courts.
		This act's purpose was to limit the number of judges that Jefferson could appoint after taking office.
	www.ipedia.com /judiciary_acts.html (284 words)

	DCBA Brief, September 1997 Issue - Chapter 13 - Marbury v. Madison
		As chief justice, Marshall was assigned by the Judiciary Act of 1802 to the fifth circuit, comprising the districts of Virginia and North Carolina.1 This assignment was fortunate given that Bushrod Washington was also from Virginia and Alfred Moore from North Carolina.
		Because of the repeal of the Judiciary Act of 1801, the circuit court had not met for almost a year, and Marshall found a full docket awaiting him.15 One case, Ogden v.
		"In such cases, their acts are his acts; and whatever opinion may be entertained of the manner in which executive discretion may be used, still there exists, and can exist, no power to control that discretion.
	www.dcba.org /brief/sepissue/1997/art30997.htm (6541 words)

	The Gilder Lehrman Institute of American History. For Teachers and Students. Seminars
		To withhold the commission, therefore, is an act deemed by the court not warranted by law, but violative of a vested legal right.
		The authority, therefore, given to the supreme court, by the act establishing the judicial courts of the United States, to issue writs of mandamus to public officers, appears not to be warranted by the constitution.
		Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.
	www.gilderlehrman.org /teachers/seminar_docs/constitution_doc1.html (976 words)

	Idea of America Essay Contest
		He argued that the portion of the Judiciary Act that allowed the Supreme Court to issue such writs was unconstitutional since the Constitution did not grant the judicial branch such authority.
		This authority raised the judiciary to a level equal to that of the legislative and executive branches, one able to check and balance the other two branches' power.
		Ironically, in denying the courts the additional writ authority and declaring the Judiciary Act of 1789 unconstitutional, Marshall gave the court the more important, implied constitutional authority of "judicial review," which was essential for effective checks and balances with the presidency and Congress.
	www.wethepeople.gov /essay/archive/2003/2003winner.html (1087 words)

Try your search on: Qwika (all wikis)