Judiciary Act of 1802
The Judiciary Act of 1802 was passed in the beginning of Thomas Jefferson's administration, with a new Republican majority in Congress. It was passed soon after the repeal of the Judiciary Act of 1801, which had been enacted by the previous Federalist majority in Congress. The repeal of that act re-activated a partisan controversy over the role of the federal judiciary, and the Jeffersonian Republicans recognized the need to enact their own reorganization of the federal judiciary.[1]
Important provisions of the act
The Judiciary Act of 1789 divided the country into three circuits, each of which required the presence of at least two Supreme Court justices at least twice annually to hear appeals from each district in that circuit. The Judiciary Act of 1801 created an additional three circuits.
After the repeal of that act, there were again only three circuits; however, the Judiciary Act of 1802 restored the division into six circuits, each of which would be served by one, instead of two, Supreme Court Justices. This was a compromise by the Republicans, in order to reduce partisan controversy by reducing the circuit-riding burden on each Supreme Court Justice.
Also, the districts of Kentucky, Tennessee, and Maine were excluded from this circuit court system, so that Supreme Court justices would not have to travel to these distant areas.[1]
See also
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Footnotes
