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Expanding the Republic, Page 10

Judiciary Act

Immediately upon taking office, Jefferson had problems with the judicial system. The problem did not lie so much with Jefferson, but with the role of the branch, as identified in the Constitution. The Constitution had failed to fully explain the position of both the Judicial Branch and the Supreme Court. However, in 1789, Congress provided a more detailed description with the Judiciary Act of 1789. The act created a national court system with three circuit courts and thirteen district courts. Also included in the act was the concept of the Supreme Court settling all differences between state and federal laws.

Then in 1801, Congress passed the Judiciary Act of 1801. This act decreased the number of Supreme Court justices from six judges to five, increased the number of circuit court judges, and increased the number of federal judges. It is important to note that at the time Congress passed this act, it was mostly made up of Federalists. These appointments were made rather quickly before President Adams stepped down from office.