| "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."
Thus 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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