An Icelandic-English Dictionary: Based On the Ms. by Richard Cleasby

By Richard Cleasby

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The Judiciary Act of 1801 was an attempt to pack the courts, including the Supreme Court, with Federalist judges after Adams’s party lost the executive and legislative branch to Jefferson’s Democratic-Republicans in the 1800 election. The act, passed by the Federalistcontrolled lame duck Congress, created fifty-eight new judgeships and prevented incoming Democratic President Thomas Jefferson from presidential court packing by reducing the number of Supreme Court justices from six to five. In 1802, Congress, controlled by Jefferson’s allies, repealed the Act of 1801, again bringing the number of justices back to six.

Critics have pointed out that there is no textual right to contract listed in the Constitution. The Court subsequently overturned Lochner, but the case poses a perennial constitutional problem: how can the Ninth Amendment and the idea of non-enumerated rights find legitimacy with an unelected judiciary? More simply, what nontextual rights are in the Constitution and how does anyone—including the Court—know what they are? The Supreme Court has employed two different tacks in discovering non-enumerated rights in the Constitution.

SUPREME COURT PACKING BILLS are congressional measures designed to alter the composition and also the direction of the Supreme Court of the United States. By changing the number of justices, the Supreme Court majority that decides cases is altered, and thus “packed” for one side or another of a case. The Constitution does not fix the number of Supreme Court justices, and under Article III, Section 2, Congress has the authority to alter the number of justices on the Court. The seminal Judiciary Act of 1789 fixed the number of justices at six.

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