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Judiciary Act of 1925

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The Judiciary Act of 1925 (43 Stat . 936), also known as the Judge's Bill or Certiorari Act, was an act of the United States Congress that sought to reduce the workload of the Supreme Court of the United States .

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21-573: Although the Judiciary Act of 1891 (which created the United States courts of appeals and rendered a small part of the Supreme Court's jurisdiction discretionary subject to grant of writ of certiorari ) had relieved pressure on the Supreme Court's docket, the court remained obliged to rule: on the merits all cases appealed to it over which it had jurisdiction … [after the 1891 act, ] Congress gave

42-761: A conflict between the text of the Statutes at Large and the text of a provision of the United States Code that has not been enacted as positive law, the text of the Statutes at Large takes precedence. Publication of the United States Statutes at Large began in 1845 by the private firm of Little, Brown and Company under authority of a joint resolution of Congress . During Little, Brown and Company's time as publisher, Richard Peters (Volumes 1–8), George Minot (Volumes 9–11), and George P. Sanger (Volumes 11–17) served as editors. In 1874, Congress transferred

63-583: The Circuit Court of Appeals Act of 1891 , or the Evarts Act after its primary sponsor, Senator William M. Evarts , created the United States courts of appeals and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. Therefore, it is also called the Circuit Courts of Appeals Act . The Act created nine new courts that were originally known as

84-607: The Federal Reserve Board , and the Federal Trade Commission . The bill further provided that "A final judgment or decree in any suit in the highest court of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of the United States may be reviewed by the Supreme Court on a writ of error." Lastly, cases involving final decrees which brought into question

105-651: The Statutes at Large includes the text of the Declaration of Independence , Articles of Confederation , the Constitution , amendments to the Constitution , treaties with Native American nations and foreign nations, and presidential proclamations . Sometimes very large or long Acts of Congress are published as their own "appendix" volume of the Statutes at Large . For example, the Internal Revenue Code of 1954

126-700: The Statutes at Large . Since 1985 the Statutes at Large have been prepared and published by the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA). Until 1948, all treaties and international agreements approved by the United States Senate were also published in the set, but these now appear in a publication titled United States Treaties and Other International Agreements , abbreviated U.S.T. In addition,

147-542: The United States Code . Once enacted into law, an Act will be published in the Statutes at Large and will add to, modify, or delete some part of the United States Code. Provisions of a public law that contain only enacting clauses, effective dates, and similar matters are not generally codified . Private laws also are not generally codified. Some portions of the United States Code have been enacted as positive law and other portions have not been so enacted. In case of

168-436: The "United States circuit courts of appeals;" the name was changed to its current form in 1948. Each court was composed of two circuit judges and one district judge. The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari . The change resulted in an immediate reduction in

189-511: The Court discretionary review authority over appellate decisions in diversity, patent, revenue, criminal and admiralty cases. Parties wishing to appeal such cases would file a petition for certiorari, which the Court could grant or deny without passing on the merits. Nonetheless, the number of appeals was a one-way upward ratchet, and the Justices argued that the only way to fix the problem once and for all

210-611: The Supreme Court had its chambers in the U.S. Capitol) by the Chief Justice and his associates. Taft also journeyed to the United Kingdom in 1922, to study the procedural structure of British courts. When approved in 1925, "the Judges Bill", as it was known, dramatically shrank the number of cases coming directly to the court, yet retained a mandatory oversight on cases that raised questions involving federal jurisdiction. It called for

231-432: The Supreme Court's workload (from 623 cases filed in 1890 to 379 in 1891 and 275 in 1892). The Act also eliminated the requirement of " circuit riding " by Supreme Court justices under which the justices sat as trial judges on the U.S. circuit courts. The circuit courts themselves remained in existence, although without their former appellate jurisdiction, until they were abolished and their trial jurisdiction transferred to

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252-402: The Supreme Court, which would be accepted at the discretion of four of the nine Justices. "No longer did the Court have to hear almost every case an unhappy litigant presented to it. Instead, for the most part, the Court could select only those relatively few cases involving issues important enough to require a decision from the Supreme Court." Few U.S. Supreme Court decisions make any comment on

273-625: The U.S. Constitution. United States Statutes at Large The United States Statutes at Large , commonly referred to as the Statutes at Large and abbreviated Stat. , are an official record of Acts of Congress and concurrent resolutions passed by the United States Congress . Each act and resolution of Congress is originally published as a slip law , which is classified as either public law (abbreviated Pub.L.) or private law (Pvt.L.), and designated and numbered accordingly. At

294-639: The authority to publish the Statutes at Large to the Government Printing Office under the direction of the Secretary of State. Pub. L.   80–278 , 61 Stat. 633, was enacted July 30, 1947 and directed the Secretary of State to compile, edit, index, and publish the Statutes at Large . Pub. L.   81–821 , 64 Stat. 980, was enacted September 23, 1950 and directed the Administrator of General Services to compile, edit, index, and publish

315-601: The circuit courts of appeals to have appellate jurisdiction to review 'by appeal or writ of error' final decisions in the district courts, as well as for the district courts of Alaska, Hawaii, Puerto Rico, China , the United States Virgin Islands , and the Panama Canal Zone . The circuit courts were also empowered to modify, enforce or set aside orders of the Interstate Commerce Commission ,

336-530: The district courts by the Judicial Code of 1911 . The Act allowed certain types of cases to be appealed directly to the Supreme Court (bypassing the new circuit courts of appeals), such as convictions for capital crimes ; cases involving the construction or application of the United States Constitution ; or cases in which a federal law or treaty or a state constitution or law was alleged to violate

357-568: The end of a congressional session, the statutes enacted during that session are compiled into bound books, known as "session law" publications. The United States Statutes at Large is the name of the session law publication for U.S. Federal statutes. The public laws and private laws are numbered and organized in chronological order. U.S. Federal statutes are published in a three-part process, consisting of slip laws, session laws ( Statutes at Large ), and codification ( United States Code ). Large portions of public laws are enacted as amendments to

378-435: The passage of this bill, taking his fellow justices with him to Congress over the four years in which the bill was discussed. Congress chose to pass the act in 1925. This action rendered the majority of the Supreme Court's workload discretionary by removing the possibility of direct appeal to the court in most circumstances. Henceforth, pursuant to §237(b) of the act, appellants would file petitions for writs of certiorari with

399-508: The revocation of the right to appeal to the highest court. One U.S. Supreme court decision, however, did comment on this issue: Moore v. Fidelity & Deposit Co. , 272 U.S. 317, 321 (1926). Justice Brandeis said in that case: "The general purpose of the Act of 1925 was to relieve this Court by limiting further the absolute right to a review by it ." Judiciary Act of 1891 The Judiciary Act of 1891 (26  Stat.   826 ), also known as

420-400: The validity of a wide range of Federal or state treaties would come to the Court by certiorari. Four justices would be required to vote affirmatively to accept petitions, which meant that the Court's agenda would now be controlled by "judicial review" and that thousands of cases clogging the dockets could now be cut to hundreds that met the new requirements. The Chief Justice vigorously pursued

441-507: Was to have the Court conduct virtually all of its business by way of writ of certiorari. In December 1921, Chief Justice William Howard Taft appointed three justices to draw up a proposal that would amend the Judicial Code of the United States , and define further the jurisdiction of the nation's circuit courts. The resulting bill, created by Justices Willis Van Devanter , James Clark McReynolds , and George Sutherland , took many trips to Congress (which were not lengthy because until 1935

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