Home Page Forums U.S. Constitutional History Federal Judiciary Act of 1789

This topic contains 1 reply, has 2 voices, and was last updated by  KevinGutzman 4 months, 3 weeks ago.

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  • #13698

    Sheyboer
    Participant

    To what extent was this act constitutional and how did it impact the nature of the federal republic (in other words, did this legislation lay any ground work for the gradual establishment of a national republic)?

    Thank you!

    #13713

    KevinGutzman
    Participant

    Other than the shortcoming the Supreme Court identified in McCulloch v. Maryland, I don’t see that the Judiciary Act of 1789 was unconstitutional. That’s unsurprising, as its chief authors — Senators Paterson (NJ) and Ellsworth (CT) — had been the chief authors of Article III in the Philadelphia Convention.

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