"The judicial Power of the United States, shall be vested in
one supreme Court, and in such inferior Courts as the Congress may from time to time
ordain and establish."
Article III, Section 1
One of the foremost challenges
facing the First Federal Congress was the issue of the federal judiciary. The
Federal Convention gave far less attention to the judicial branch than to the
legislative and the executive. This happened because the task was complicated,
because virtually no federal precedents existed, and because members recognized that
this was a controversial issue and too much detail might alienate support for the
Constitution. Even so, the Antifederalists focused on Article III as especially
dangerous to the rights of the states and those citizens who lacked wealth and
influence. During the ratification process, several states proposed Constitutional
amendments to limit the power of the judiciary and guarantee individual rights in
federal courts. Thus, members of Congress arrived in New York well aware that
defining the judiciary must be on their immediate agenda and that compromise would
be necessary.
|