Article III of the United States Constitution created the Supreme Court, and stated that it would be vested with ‘the judicial Power of the United States’. As it was to be the head of a federal court system, the Constitution further specified that the Supreme Court’s composition was to be determined by Congress.

The Judiciary Act of 1789 was consequently adopted by the First United States Congress in late September, having been reported out of committee in June. The Act called for the court to consist of six judges, later to be known as justices, consisting of one Chief Justice and five Associate Justices. Shortly after signing the Act, President Washington nominated the first six judges. Although all six were confirmed by the Senate two days later, Robert H. Harrison declined the appointment citing ill health and family commitments and so an alternative member was later found.

In addition to establishing the composition of the Supreme Court, the Judiciary Act also created the Office of the Attorney General, whose role was to ‘prosecute and conduct all suits in the Supreme Court’ as the representative of the United States. Originally intended to be a part-time job for one person, the scope of the role quickly expanded yet did not become a full-time position with the support of a newly-created Department of Justice until 1870.

The Supreme Court met for its first session in February 1790 in New York City’s Royal Exchange Building. However, there were no cases to consider and so the court was adjourned until September. In contrast the Supreme Court now hears around 100 cases per term, drawn from the many thousands of requests that are made.

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