The Judiciary Act of 1789
September 24, 1789.
1 Stat. 73.
CHAP. XX.–An Act to establish the Judicial Courts of the United States.
SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the supreme court of the United States shall consist of a chief justice and five associate justices, any four of whom shall be a quorum, and shall hold annually at the seat of government two sessions, the one commencing the first Monday of February, and the other the first Monday of August. That the associate justices shall have precedence according to the date of their commissions, or when the commissions of two or more of them bear date on the same day, according to their respective ages.
The Constitution of September 17, 1787 stated where the judicial power of the United States of America was to be placed in the first sentence of Article III: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
It should be very clear from the language in the Judiciary Act of 1789 that Congress was enacting a system of legislative territorial courts for the United States, the lands owned by the United States of America.
The judicial power of the United States of America had two sources: the Articles of Confederation of November 15, 1777 and its proprietary power over the lands owned by the United States of America.
The Supreme Court of the United States was the simple result of legislative sausage making. There was no reverent ordination or establishment of any high minded judicial institution just the ordinary chicanery that brought the federalists into power.
Dr. Eduardo M. Rivera