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The Judiciary Act Of 1789: A Historical Analysis

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The Judiciary Act of 1789 set up the "federal court system with limited power" (Oakes et al.,, 2015, p. 222). It set up the Supreme Court as the top, or head, of the three-teired Judicial branch. Further, it let the federal government set up laws based on the Constitution. The Constitution differed significantly from the British conventional laws and practices the colonies were so desperate to escape. The federal judiciary wasn't welcomed at first by some of the Founding Fathers. There was a fear that the federal government would become tyrannical, and would override the individual state powers, as well as individuals rights and freedoms. The colonies, after being treated the way they were under British law, wanted to make sure that nothing like that could happen under their new government. The Judiciary Act of 1789 was needed to maintain the balance of the state interests, and cental government. The level of complexity was remarkable, both by the standards of the time and by today's standards, as it allowed the interests of both the Federalist and anti-Federalist…show more content…
They were to each permit two Supreme Court Justices, and one District judge. The idea was that only judges who had a significant amount of legal understanding would oversee the disputed legal matters. The three Circuts Court's responsibilites were to hear cases of larger significanted between the anti-Federalist's and the Federalists like major criminal accusations, debts owed to British creditors that exceeded five hundred dollars, and disagreements among citizens from different states. They were to "have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law" (Washington,
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