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Supreme Court Watch
BACKGROUND REPORT Posted: 2003     
History of the Early Court
"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."

U.S. ConstitutionThus begins Article III, Section I of the United States Constitution -- the essential framework on which the U.S. Supreme Court and the federal judiciary rest. While this part of the Constitution established the Supreme Court's basic tenets, the framers left many of the details of the high court's exact powers to be determined by Congress and the court itself.

The federal court system was born with the Senate Judiciary Act of 1789. The act split the country into 13 judicial districts and created a corresponding network of courts and the office of U.S. attorney general. It also more clearly defined the Supreme Court as having one chief justice and five associate justices.

According to the terms of the Constitutional Convention, justices are nominated by the president and confirmed by the Senate. A justice serves on the court for life and can only be removed through impeachment on extreme grounds such as treason, bribery or other so-called high crimes. Only one justice has ever been removed by impeachment in the court's history to date.

President George Washington nominated Chief Justice John Jay and the five other original high court justices after signing the Judiciary Act into law. The first Supreme Court session assembled on Feb. 2, 1790 in New York City. Due to travel difficulties -- and perhaps some doubt about the court's initial importance -- only three of the six justices were present for the court's opening session and official business had to wait for a fourth justice to arrive.

In 1791, the Supreme Court relocated to Philadelphia before finally coming to rest in its permanent home of the nation's capital, Washington, D.C., in 1800.

During the court's early years, justices were required to travel around the country and hold circuit court twice a year in each judicial district. Travel routes were difficult and it could take the judges nearly 20 hours to get from city to city. Congress decided in 1793 that one circuit trip per year would suffice, but the duty wasn't completely abolished until the late 19th century.

The early years of the court were primarily spent organizing and determining responsibilities -- many scholars consider this to be a slow and ambiguous period in the court's history as the judiciary struggled to get off the ground. The court didn't actually hear a case until 1792, two years into its tenure and didn't announce a major decision until Chisolm v. Georgia in 1793.

Initially, the judiciary was considered among the weakest and most obscure of the three branches of federal government. In fact, Alexander Hamilton called the Supreme Court the "least dangerous" of the branches in No. 78 of the Federalist Papers. That perception changed in large part after the 1801 appointment of Chief Justice John Marshall.

Appointed by President John Adams, Marshall is generally credited with harnessing and defining the power of the high court in such influential decisions as Marbury v. Madison, which allowed the court to evaluate the constitutionality of congressional legislation. Of the pivotal chief justice, President Adams is quoted by the Supreme Court Historical Society as saying, "My gift of John Marshall to the people of the United States was the proudest act of my life."

The number of Supreme Court justices has changed six times as the demands and needs of the high court grew. Congress passed an act in 1948 establishing permanently the current composition of one Chief Justice and eight associate justices as part of its responsibility to assess and change the number of justices as necessary.


-- Compiled by Maureen Hoch for the Online NewsHour

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