The Constitution of September 17, 1787 is a result of the February 21, 1787 resolution in the Confederation Congress which set up the Constitutional Convention. That Resolution caused 11 State delegates to be sent to Constitutional Convention to Philadelphia to meet in secret beginning on May 25, 1787 to revise the Articles of Confederation of November 15, 1777. In the words of the Resolution the delegates to the Constitutional Convention were to address “the inefficiency of the federal government and the necessity of devising such farther provisions as shall render the same adequate to the exigencies of the Union.”
Article III, Section 1, Clause 1 of the Constitution of September 17, 1787 vests the judicial power of the United States in “one supreme court” and “in such inferior Courts as the Congress may from time to time ordain and establish.” The Officers of the “one supreme court” and the “inferior Courts” are specifically identified as “Judges.”
The “one supreme court” of the Constitution of September 17, 1787 might have been ordained and established, if that Constitution had been adopted by a Congress and a President. Article VII of that Constitution effectively defined ratification by nine States as “establishment.” Examples of “ordination and establishment” are found in three of the Organic Laws of the United States of America, but not in the Articles of Confederation. There is no pledging of sacred honor as there is in the Declaration of Independence or oath taking to the establishment of government and support of the document which constitutes such a government.
Failing an adoption by binding Article VI oaths, the Constitution of September 17, 1787 became the Constitution of the United States, when George Washington took the oral oath of Office of the President of the United States. Washington took no other public oaths.
The Office of the Chief Justice, whose only duty is the legislative task of presiding at the impeachment of the President of the United States, is not ordained or established; it is legislated into existence along with the Associate Justices in Section 1 of Chapter XVIII of volume of the Statutes at Large, on September 23, 1789.
Because we know Washington was vested with “the executive power” of the Articles of Confederation of November 15, 1777, when he became President of the United States of America on April 6, 1789, we should be able to surmise how he and every President since has had the power to appoint a Chief Justice and Associate Justices as those Offices created and vacated. The United States Supreme Court is the supreme legislative court in the United States, the territory owned by or subject to the exclusive legislative power of the United States of America.
The Supreme Court which was the subject of Section 1 of Chapter XX of volume 1 of the Statutes at Large on September 24, 1789, was created by legislative authority of the United States of America derived from proprietary over the territory owned by or subject to the exclusive legislative power of the United States of America, after the creation of the offices of Chief Justice and Associate Justices. The creation of that Supreme Court followed the legislative creation of the offices of Chief Justice and Associate Justice. Washington appointed all the members of the Supreme Court on September 24, 1789.
The facts of a limited government are part of the history of America. The only access to that history is my “Basic Course in Law and Government,” which you can sample for $50. For all the details, contact me at firstname.lastname@example.org
Dr. Eduardo M. Rivera