Removal Act of 1875
The Removal Act of 1875, also known as the Judiciary Act of 1875, was a significant piece of legislation that expanded the jurisdiction of federal courts in the United States. It emerged in the context of the post-Civil War Reconstruction era, a time when the federal government sought to protect the rights of newly emancipated individuals and ensure the implementation of Reconstruction legislation. This Act gave federal courts original jurisdiction over cases involving allegations that state laws or actions by state officials violated the U.S. Constitution.
By allowing lawsuits initially filed in state courts to be moved to federal courts, the Removal Act dramatically increased the caseload and jurisdiction of federal courts, making them a central venue for addressing constitutional rights. Its passage reflected a broader trend toward enhancing federal authority in response to the challenges of rebuilding the nation and securing equal rights. Overall, the Removal Act played a crucial role in shaping the judicial landscape of the United States during a transformative period in its history.
Removal Act of 1875
Date: 1875
Description: A bill granting lower federal courts original and removal jurisdiction over federal question cases.
Significance: After 1875 all cases arising under the Constitution, federal laws, or treaties could be prosecuted in federal district courts. This expanded the power, influence, and decision-making scope of the federal judiciary, including the Supreme Court.
The Removal Act of 1875, also known as the Judiciary Act of 1875, provided federal courts with original and removal jurisdiction. The Judiciary Act of 1789 was Congress’s initial exercise of the powers in Article III of the U.S. Constitution. It allowed state courts to retain jurisdiction over federal question cases, those cases arising under the Constitution, federal laws, or treaties. The end of the Civil War brought expansion and growth of federal government power. Three constitutional amendments and various congressional statutes were passed during the Reconstruction period. The primary purpose of these enactments was to secure equal rights for the newly emancipated slaves. Congress viewed the federal courts as necessary to the implementation of Reconstruction legislation and to the expansion of federal court jurisdiction and powers.
The Removal Act awarded federal courts jurisdiction over cases alleging that a state law or an action of a state official violated the Constitution. The Removal Act allowed a federal question suit to be filed in federal district court. Such actions filed in state court could be removed to federal district court for disposition. No subsequent jurisdictional statute enacted by Congress has so significantly enlarged the caseloads and jurisdiction of the federal courts. The Removal Act resulted in federal courts, including the Supreme Court, becoming the primary forum for litigating constitutional rights.