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The establishment of the Supreme Court

September 17, 1789

On this date the House concluded debate and agreed to establish the Supreme Court as defined by Article III, Section 1 of the Constitution. “The judicial Power of the United States, shall be vested in one supreme Court,” the framers of the Constitution wrote, “and in such inferior Courts as the Congress may from time to time ordain and establish.”  The House approved the Judiciary Act of 1789 and President George Washington signed it into law on September 24, 1789.  The bill provided for a Supreme Court composed of five associate justices and one chief justice, as well as for the establishment of 13 judicial districts throughout the country. Among the early chief justices, individuals with legislative experience were chosen to head the Supreme Court.  President Washington selected former Continental Congress Delegate John Jay of New York as the first chief justice.  Jay held the post until his resignation in 1795.   Jay was succeeded by fellow Continental Congress Members, John Rutledge of South Carolina and Oliver Ellsworth of Connecticut.  Representative John Marshall of Virginia became the fourth Chief Justice in 1801 and served until his death in 1835.

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Office of History and Preservation, Office of the Clerk, http://clerk.house.gov/art_history/highlights.html?action=view&intID=1, (December 15, 2010).

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Office of History and Preservation
(202) 226-1300
history@mail.house.gov

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Dedicating his life to public service, John Jay served as a legislator, a diplomat, a governor, and a justice. Image courtesy of Library of Congress

Teaching Tip

Ceremonies in the House
Ask students to locate highlight dates for three different House ceremonies. Use each of these dates to explain the functions of the House outside of the normal legislative day.

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