When the First Congress gathered in the spring of 1789, eleven of the thirteen states had recently agreed to the Constitution. Although the Constitution provided important details for the legislative and executive branches, it did not flesh out the judicial branch of the new national government. For example, no one knew whether there would be any federal courts other than the “one Supreme Court” mandated by the Constitution, or how many judges would sit on the Supreme Court, or what sorts of jurisdiction any lower federal court might have. So, one of the First Congress’s first and most important duties was to establish the federal judiciary. After a summer of heavy debate, the Judiciary Act of 1789 (1 Stat. 73) was signed into law in September.The Judiciary Act of 1789 is passed by Congress and signed by President George Washington, establishing the Supreme Court of the United States as a tribunal made up of six justices who were to serve on the court until death or retirement. That day, President Washington nominated John Jay to preside as chief justice, and John Rutledge, William Cushing, John Blair, Robert Harrison, and James Wilson to be associate justices. On September 26, all six appointments were confirmed by the U.S. Senate.

The U.S. Supreme Court was established by Article 3 of the U.S. Constitution. The Constitution granted the Supreme Court ultimate jurisdiction over all laws, especially those in which their constitutionality was at issue. The high court was also designated to oversee cases concerning treaties of the United States, foreign diplomats, admiralty practice, and maritime jurisdiction. On February 1, 1790, the first session of the U.S. Supreme Court was held in New York City‘s Royal Exchange Building.

The U.S. Supreme Court grew into the most important judicial body in the world in terms of its central place in the American political order. According to the Constitution, the size of the court is set by Congress, and the number of justices varied during the 19th century before stabilizing in 1869 at nine. In times of constitutional crisis, the nation’s highest court has always played a definitive role in resolving, for better or worse, the great issues of the time.

The Judiciary Act of 1789 (full context)