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The Hypothesis of Chief Justice Marshall


            During the judiciary Act of 1789, even before ratifying of the Bill of Rights, was the creation of the judiciary branch of government as specified by the Constitution. As a result, the introduction of the Judiciary Act of 1789 was the beginning of the three-tiered Federal Court system and establishment of the US Supreme Court as head of the judicial branch of government.
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             Congress really did not want the courts to have too much power over local communities, so it determined that federal courts would serve primarily as appeals courts for cases already tried in state courts. In other words, a judge in a local community, appealed to a state court, and finally appealed to the federal courts only if necessary, would first hear most cases.
             The three Circuit Courts, which were also trial courts under the original legislation, were to convene only twice per year in each state. They would be liable for hearing issues of greatest contention between the Federalists and anti-Federalists, such as large debts over five hundred dollars. As well as, disputes between citizens of different states and major criminal trials. The Circuit Courts would each seat two Supreme Court justices and a District judge to ensure only judges with substantial legal knowledge would consider the contested legal matters.
             Nevertheless, the Supreme Court and the district courts shall have power to appoint clerks for their respective courts, and that the clerk for each district court shall be clerk of the circuit court. Therefore, in such district each of the said clerks shall, and before entering upon the execution of his/her office, take an oath or affirmations that will upkeep the standards by which the position requires. Moreover, the act of 1789 will come into play and have great impact years later in the Marbury vs. Madison case.
             In the most important judicial decision in U.S. history, the Supreme Court empowered itself to be the final authority on the legality of government activity.


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