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JudiciAl circuits Act, July 23, 1866 U.S. Statutes at Large 14:209. Congress controls the composition of the lower federal courts as well as the total number of united States Supreme Court justices. The 1787 Constitution states in Article 3 that “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.” Partly as a streamlining measure, partly as a costcutting measure, and partly out of fear that the Supreme Court might meddle with Congress’ reconstruction policies, Congress reduced the size the united States Supreme Court and rearranged the circuits. This act demonstrates the will of Congress to see its policies carried out without interference from the federal judiciary. Chap. CCX—An Act to fix the Number of Judges of the Supreme Court of the United States, and to change certain Judicial Circuits. Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, That no vacancy in the office of associate justice of the supreme court shall be filled by appointment until the number of associate justices shall be reduced to six; and thereafter the said supreme court shall consist of a chief justice of the united States and six associate justices, any four of whom shall be a quorum; and the said court shall hold one term annually at the seat of government, and such adjourned or special terms as it may find necessary for the despatch [sic] of business. Sec. 2. And be it further enacted, That the first and second circuits shall remain as now constituted; that the districts of Pennsylvania, New Jersey, and Delaware shall constitute the third circuit; that the districts of maryland, West Virginia, Virginia, North Carolina, and South Carolina shall constitute the fourth circuit ; that the districts of Georgia, Florida, Alabama, mississippi, louisiana, and Texas shall constitute the fifth circuit; that the districts of ohio, michigan, Kentucky , and Tennessee shall constitute the sixth circuit; and the districts of Indiana , Illinois, and Wisconsin shall constitute the seventh circuit; that the districts Documentary History of the American Civil War era 186 of minnesota, Iowa, missouri, Kansas, and Arkansas shall constitute the eighth circuit; and the districts of California, oregon, and Nevada shall constitute the ninth circuit. Approved, July 23, 1866. ...

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