John Adams, leader of the
Federalists, signed the act
into law on February 13, 1801, less than 3 weeks before the end
of his presidency and the start of the Jefferson presidency.
Repeal
of
the 1801 Judiciary Act: Midnight
Judges
President Thomas Jefferson, leader of the
Republicans (Anti-Federalists), later repealed the act
on
March 8, 1802 by the
1802 Judiciary Act.
The 1801 Judiciary Act: Midnight
Judges - The 'Lame Duck' Congress
Thomas Jefferson was voted as the next
President in November 1800, but would not assume office until March
in the following year. This enabled President Adams to get things
done before the new president and his political party took over. The
two men were from opposing political parties. Adams was a
Federalist
and Jefferson a
Democrat-Republican. During the time between the end of the
old presidency and the start of the new, the 'Lame Duck' Congress
took the opportunity to pass the Judiciary Act of 1801 to give Adams
the power to appoint new judges. This ensured additional Federalists
would be in powerful positions in the new government.
Purpose
of
the 1801 Judiciary Act: Midnight
Judges
The act significantly enlarged the
national judiciary, and Adams seized the opportunity to appoint his
Federalist friends and supporters to the new offices. These men
could be depended upon to protect Federalist legislation from the
rising Democratic-Republicans.
Why Midnight
Judges?
The judges who were appointed to these new courts were
called "Midnight Judges" by the Republicans because they were last
minute appointments. President John Adams was alleged to have stayed
up until midnight on March 3, 1801
completing the paperwork before his term in office ended the
following day on March 4, 1801.
The 1801 Judiciary Act: William
Marbury
President John Adams appointed 16 Federalist circuit judges and 42
Federalist justices. One of the "Midnight Judges" was William
Marbury, who was named as Justice of the Peace for the District of
Columbia.
1801 Judiciary Act - President Jefferson refuses to
appoint the 'Midnight Judges
Thomas Jefferson and
the Republicans were furious about the passing of the 1801 Judiciary Act.
President Jefferson refused to allow the 'Midnight Judges' to take
office (including William Marbury). Jefferson instructed his
Secretary of State, James Madison, not to deliver the "commission,"
or notices, of appointment.
1801 Judiciary Act: Midnight Judges - William Marbury Sues (Writ of
Mandamus)
William Marbury sues the government
(on the behalf of several other judges) and demanded that the Court issue a 'Writ
of Mandamus'. This writ is "writ of mandate" which orders a public
agency or governmental body to perform an act required by law when
it has refused to do so. This was a power given by the Judiciary Act of 1789. William
Marbury believed that this action would force President Jefferson to
accept these appointments.
1801 Judiciary Act: Midnight Judges - Chief Justice Marshall
The matter was referred to Chief Justice John Marshall
of the Supreme Court in Marbury v. Madison. Chief Justice
Marshall ruled that the 1789 Judiciary Act was unconstitutional
because it gave the Judicial Branch of government powers not granted
to it by the Constitution. The Supreme Court could therefore not
compel President Jefferson to accept the appointment of William
Marbury. The Federalist William Marbury never became Justice
of the Peace in the District of Columbia.
Repeal of the 1801 Judiciary Act: The 1802 Judiciary Act
President Jefferson repealed the 1801 Judiciary Act on
March 8, 1802 by
passing the 1802 Judiciary Act. The 1802 Judiciary Act effectively
reversed the Federalist law of 1801 and turned the clock back to the
law according to the Judiciary Act of 1789. The Jefferson
administration also got rid of many other Federalist officials by
repealing the Internal Revenue Act. "Jefferson got repealed all the
direct federal taxes passed by the Federalists and boasted that
ordinary Americans would never see a federal tax collector in their
whole lives."
1801 Judiciary Act: Midnight Judges - Judicial Review
The case of Marbury v. Madison set the precedent that
the federal judiciary could review the acts of the other two
branches of government. This principle became known as judicial
review
meaning that the Supreme Court can overrule both state and
federal laws if they conflict with the Constitution.
This meant that the
Supreme Court always had the ultimate check on legislative and
executive power - effectively putting the brake on the power of the
government when enacting future laws.
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