Abstract
Legal historians and constitutional scholars have tended to approach the judiciary acts of 1789 and 1801 as though the two statutes were separated not only by a dozen years but also by a fundamental, unbridgeable conceptual gulf. While the Judiciary Act of 1789 is celebrated as “probably the most important and the most satisfactory Act ever passed by Congress,” as Justice Henry B. Brown hailed it in 1911, the Judiciary Act of 1801 is frequently regarded as a forgettable relic of early national political squabbling. The storied heritage of the 1789 act began with its passage into law more than four months before the SupremeCourt convened for its first session,
Published Version
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