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Jefferson_ Marshall and the Courts Midnight judges

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					Jefferson, Marshall and the Courts
Midnight judges
   After there defeat in the election of 1800, the Federalists tried to
    keep control of the Federal Courts.
   Judiciary Act of 1801 increased the number of judges and added
    some judicial offices and quickly fill the positions with Federalist.
   Adams quickly nominated and the Senate confirmed.
   Adams signed some of the commissions on his final night as
    president.
   They became known as the “midnight judges,” however, not all of
    the commissions were delivered.
   Jefferson was angered by the appointments and sent word to the
    appointees to consider their appointments null.
   The Republicans quickly repealed the Judiciary Act of 1801.
   Jefferson replaced most of the judges, but he couldn’t change the
    Chief Justice of the Supreme Court, Virginian John Marshall.
William Marbury
John Marshall
Marbury v Madison
   Jefferson did not acknowledge Adams’ “midnight
    judges”.
   One of the appointees, William Marbury,
    applied to the Supreme Court for a writ
    commanding Secretary of State James Madison
    to deliver his commission.
   This is the landmark case that created the
    powers of the Supreme Court.
The decision
   John Marshall was a Federalist.
        If he ruled in favor of Marbury, he risked Jefferson ignoring the
         decision and weakening the Court.
        If he ruled in Jefferson’s favor he would be ruling against his
         party.

   Instead he came up with a great idea, Marshall stated that Marbury
    had the right to the commission, he declared a section of the
    Judiciary Act of 1789 that gave the Supreme Court the right to
    issue writs in cases like Marbury’s unconstitutional.

   The founding fathers intended for the Supreme Court to have this
    power, but the court had to claim it, the power of judicial review.
Samuel Chase
Jefferson’s attack on the Courts
 Jefferson and the Republicans feared the
  judges because they were appointed for
  life.
 The only way to remove them was by
  impeachment.
 The Republicans started impeachment
  proceedings against many judges, the first
  was Samuel Chase
Aaron Burr
The Samuel Chase Case
   Chase attacked the Republicans from the bench, calling the
    revolutionaries and Jacobins.


   Impeachment trials are held in the Senate, and the person who
    presided over the Senate was the Vice-President, Aaron Burr (who
    lost the election of 1800 to Jefferson).



   Judges hold office during good behavior can only be impeached for
    treason, bribery, or other high crimes and misdemeanors.
       Chase did none of these things and was acquitted.
Samuel Chase’s Day in Court
 Despite Samuel Chase’s distinguished
  background as a signer of the Declaration
  of Independence, the Federalist judge
  was disliked by Republicans.
 He was bitterly anti-Republican, arrogant,
  and often seemed to act unfairly in his
  conduct of the Court.
 Given these circumstances the Republican
  majority in the House easily passed eight
  articles of impeachment against Chase.
   The major charge against Chase involved specific comments the
    judge had made while addressing a grand jury in Baltimore. These
    comments openly attacked the Republican party and warned
    Americans against that party.
   Other charges involved Chase’s conduct in two trials of Republicans
    under the Alien and Sedition acts passed by the Federalists to
    weaken Republican opposition.
   The Alien Act gave the President the power to deport any alien
    whom he felt was dangerous to national security; the vaguely
    worded Sedition Act essentially made it legal to suppress any
    criticism of the government.
   Chase was sarcastic and arbitrary during these trials.
   Finally, he was accused of blocking Republicans from sitting on the
    jury in the case of James Callender, a Republican who was tried for
    making treasonable comments.
 In any impeachment of federal officials, the
  House of Representatives conducts the
  trial and the Senate acts as the judge.
 Vice President Aaron Burr, himself under
  indictment for murder for his fatal duel with
  Alexander Hamilton, presided over the
  trial.
 Voting began on March 1. Each Senator
  rose and voted guilty or not guilty on each
  article of the impeachment.
 A two-thirds vote of the thirty-four senators
  present was needed for a conviction.
 In the end, only nineteen senators voted in
  favor of conviction.
   Define- midnight judges, Judiciary Act of 1789, Judiciary Act of 1801, John Marshall, impeachment, judicial review

   Summarize the events relating to John Adams’ appointment of “midnight judges”.

   Refer to the section entitled “Marbury vs. Madison” to answer questions 2-5
   Why did William Marbury apply for a writ from the Supreme Court?
   What was Marshall’s original decision? What did he change it to and why did he do so?
   What did the Federalist lose as a result?
   What power was the Supreme Court guaranteed?
   What advantage did the Federalist expect to obtain from the Judiciary Act of 1801?
   How did the outcome of the impeachment cases allow political parties to freely voice their opinions about one
    another?
   Article III, section I of the Constitution states ________.
   Article II, section IV lists the 4 reasons a judge could be impeached. What are these reasons?
   9. List 3 accomplishments of Thomas Jefferson’s first term as president.

				
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