The Court as an Institution
         The Constitution elaborated neither the exact powers and prerogatives of the Supreme
Court nor the organization of the Judicial Branch as a whole.  Thus, it was left to Congress
and to the Justices of the Court through their decisions to develop the Federal Judiciary
and a body of Federal law.
         The establishment of a Federal Judiciary was a high priority for the new government,
and the first bill introduced in the United States Senate became the Judiciary Act of 1789.
The act divided the country into 13 judicial districts, which were, in turn, organized into
three circuits: the Eastern, Middle, and Southern.  The Supreme Court, the countryís
highest judicial tribunal, was to sit in the Nationís Capital, and was initially composed of a
Chief Justice and five Associate Justices.  For the first 101 years of the Supreme Courtís
lifeóbut for a brief period in the early 1800ísóthe Justices were also required to ìride
circuit,î and hold circuit court twice a year in each judicial district.
                                                              The Supreme Court first assembled on February 1, 1790, in
                                                 the Merchants Exchange Building in New York Cityóthen the
                                                 Nationís Capital.  Chief Justice John Jay was, however, forced to
                                                 postpone the initial meeting of the Court until the next day since,
                                                 due to transportation problems, some of the Justices were not able
                                                 to reach New York until February 2.
                                                              The earliest sessions of the Court were devoted to organiza-
                                                 tional proceedings.  The first cases reached the Supreme Court
                                                 during its second year, and the Justices handed down their first
                                                 opinion in 1792.
         During its first decade of existence, the Supreme Court rendered some significant
decisions and established lasting precedents.  However, the first Justices complained of the
Courtís limited stature; they were also concerned about the burdens of ìriding circuitî
under primitive travel conditions.  Chief Justice John Jay resigned from the Court in 1795
to become Governor of New York and, despite the pleading of President John Adams, could
not be persuaded to accept reappointment as Chief Justice when the post again became
vacant in 1800.
         Consequently, shortly before being succeeded in the White House by Thomas Jefferson,
President Adams appointed John Marshall of Virginia to be the fourth Chief Justice.  This
appointment was to have a significant and lasting effect on the Court and the country.
Chief Justice Marshallís vigorous and able leadership in the formative years of the Court
was central to the development of its prominent role in American government.  Although
his immediate predecessors had served only briefly, Marshall remained on the Court for 34
years and five months and several of his colleagues served for more than 20 years.
         Members of the Supreme Court are appointed by the President subject to the approval
of the Senate.  To ensure an independent Judiciary and to protect judges from partisan
pressures, the Constitution provides that judges serve during ìgood Behaviour,î which has
generally meant life terms.  To further assure their independence, the Constitution pro-
vides that judgesí salaries may not be diminished while they are in office.
         The number of Justices on the Supreme Court changed six times before settling at the
present total of nine in 1869.  Since the formation of the Court in 1790, there have been
only 16 Chief Justices* and 97 Associate Justices, with Justices serving for an average of 15
years.  Despite this important institutional continuity, the Court has had periodic infusions
                                                          
       *Since five Chief Justices had previously served as Associate Justices, there have been 108 Justices in all.
This included former Justice John Rutledge, who was appointed Chief Justice under an interim commission
during a recess of Congress and served for only four months in 1795.  When the Senate failed to confirm him,
his nomination was withdrawn; however, since he held the office and performed the judicial duties of Chief
Justice, he is properly regarded as an incumbent of that office.



of new Justices and new ideas throughout its existence; on average a new Justice joins the
Court every 22 months.  President Washington appointed the six original Justices and
before the end of his second term had appointed four other Justices. During his long tenure,
President Franklin D. Roosevelt came close to this record by appointing eight Justices and
elevating Justice Harlan Fiske Stone to be Chief Justice.

   [The foregoing was taken from a booklet prepared by the Supreme Court of the United States,
             and published with funding from the Supreme Court Historical Society.]