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American Revolution Podcast

ARP360 Judiciary Act of 1789

American Revolution Podcast

Michael Troy

History, Education

4.6938 Ratings

🗓️ 3 August 2025

⏱️ 33 minutes

🧾️ Download transcript

Summary

The US Senate has to create an entire federal court system. The vagueness in the Constitution leads to political fights over what powers a federal court system should have. Washington appoints the entire Federal judiciary in one day. Blog ⁠⁠⁠⁠⁠⁠⁠⁠⁠https://blog.AmRevPodcast.com⁠⁠⁠⁠⁠⁠⁠⁠⁠ includes a complete transcript, as well as more resources related to this week's episode. Book Recommendation of the Week: ⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Rewriting the History of the Judiciary Act of 1789: Exposing Myths, Challenging Premises, and Using New Evidence, by Wilfred J. Ritz Online Recommendation of the Week: Sketches of Debate of the First Senate of the United States: https://archive.org/details/sketchesofdebate00macl_0 Ask your American Revolution Podcast questions on Quora: ⁠⁠⁠⁠⁠⁠⁠⁠⁠https://amrevpod.quora.com⁠⁠⁠⁠⁠⁠⁠⁠⁠ Join the Facebook group, American Revolution Podcast: ⁠⁠⁠⁠⁠⁠⁠⁠⁠https://www.facebook.com/groups/132651894048271⁠⁠⁠⁠⁠⁠⁠⁠⁠ Follow the podcast on X ⁠⁠⁠⁠⁠⁠⁠⁠⁠@AmRevPodcast⁠⁠⁠⁠⁠⁠⁠⁠⁠ Join the podcast mail list: ⁠⁠⁠⁠⁠⁠⁠⁠⁠https://mailchi.mp/d3445a9cd244/american-revolution-podcast-by-michael-troy ⁠⁠⁠⁠⁠⁠⁠⁠⁠ ARP T-shirts and other merch: ⁠⁠⁠⁠⁠⁠⁠⁠⁠https://merch.amrevpodcast.com⁠⁠⁠⁠⁠⁠⁠⁠⁠ Support this podcast on Patreon ⁠⁠⁠⁠⁠⁠⁠⁠⁠https://www.patreon.com/AmRevPodcast⁠⁠⁠⁠⁠⁠⁠⁠⁠ or via PayPal ⁠⁠⁠⁠⁠⁠⁠⁠⁠http://paypal.me/AmRevPodcast⁠⁠ Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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0:00.0

You're listening to an Airwave Media podcast. This episode is presented by eBay. Rob, everyone loves a deal and a bargain from time to time, don't they? Absolutely, mate. And do you know where you can grab a great deal? Talk to me. Where? The eBay app. Yes, you are correct. You didn't need to talk to me. I already knew it. I love eBay. When you're buying, you can discover loads of hidden gems. There's so many items where you think I would have never found that anywhere else. Then when you're selling, it's so simple and most importantly, free. It's free, Rob. When it's this easy to sell for free and there's great deals on things you love. You can't help but say when it's eBay.

0:39.0

It excludes vehicles and business sellers.

0:52.7

Hello, and thank you for joining the American Revolution. This week, episode 360,

0:59.0

the Judiciary Act of 1789. Last week, we covered the establishment of the executive branch

1:05.9

with the appointments of secretaries of war, state, and Treasury, as well as an Attorney General.

1:12.4

This week, we take a look at the establishment of the federal court system.

1:16.8

The first bill introduced in the new U.S. Senate was the Judiciary Act.

1:21.3

The Constitution had given relatively little details on what the court system should look like.

1:26.5

One reason for the vagueness was that

1:28.3

the convention delegates did not seem to agree and figured it would be better to leave that debate

1:33.4

up to the legislature. Well, now it was the legislature that had to fill in those details.

1:39.5

The Judiciary Act became Senate Bill No. 1, and was introduced on April 7, 1789, the second day that the

1:47.9

Senate had finally gotten its quorum to begin business. The first day had been taken up with confirming

1:53.7

the Electoral College vote for George Washington and electing its officers, including Senator John

2:00.3

Langdon of New Hampshire,

2:02.0

who became the first president pro tempore of the Senate.

2:05.9

It was important to get the courts up and running,

2:08.5

but drafting the details of the bill would take time.

2:12.1

The Senate referred the bill to committee for consideration.

2:15.7

It included one member from each state. Now, there were only

2:19.1

eight states represented in the Senate at the time, so the initial committee had only eight members,

2:25.3

including Oliver Ellsworth of Connecticut, William Patterson of New Jersey, William McLeigh of

...

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