George Washington signed into law the Judiciary Act of 1789, a landmark piece of legislation in American history that established the federal judiciary, most notably the Supreme Court, and the position of Attorney General. The Act was an expression of the Federalist desire to have a strong, centralized system of government, capable of meeting the challenges faced by the new nation. Opponents of Washington's judicial reforms believed that ultimate sovereignty should reside with the states and their legislatures and courts. A system of federal courts was something which they regarded as a possible instrument of tyranny.
The Act certainly gave Washington a great deal of power that could potentially have been dangerous in the wrong hands. But Washington took his duty as President seriously and his overriding concern was with making the law work more effectively rather than undermining it. In any case, as the federal judicial system was being created from scratch, there was no alternative but for Washington to be the one to make the requisite nominations as to who should sit on the Federal bench. But, although Washington could nominate his own candidates, they still needed to be approved by Congress, and this provision remains in place today.
Tuesday, July 24, 2012
How did Washington get the judicial branch in order?
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