Chapter 11
P. 211-232
“We are all Federalists , we are all Republicans.”
Document 4.1
Jeffersonian Principles
From Jefferson’s First Inaugural Address
“We are all
republicans,
REPublic = Government
by REPresentatives
We are all
federalists.”
Division of power
between state
governments and the
central government
(Difference is by Degree) (Difference is by Degree)
Document 4.1
Jeffersonian Principles
From Jefferson’s First Inaugural Address
“We are all
republicans,
We are all
federalists.”
DOMESTIC POLICY
FOREIGN POLICY
(Discontinuity)
(Continuity)
“…a wise and frugal
Government, which shall restrain
men from injuring one another,
shall leave them otherwise free
to regulate their own pursuits of
industry and improvement…”
“…peace, commerce, and
honest friendship with all
nations, entangling
alliances with none.”
William Marbury
James Madison
John Adams, Federalist
“the midnight judges”
John Marshall, Federalist
Sec. of State under Adams
Chief Justice of the Supreme Court for 34 years
James Madison
“Father of the Constitution”
Sec. of State under Jefferson
Future president 1809-1817

Judiciary Act 1789 (Washington Administration)
 Established the federal court system
 Determined that the Supreme Court would have six
justices
 Created the office of the Attorney General
 Gave the Supreme Court the power of a
▪ Writ of mandamus
▪ Court order requiring a government official to carry out his /her
official duty

Judiciary Act of 1801 (Adams Administration)
 Established 62 new judgeships
▪ (Opportunity for Adams to fill the federal judiciary with
Federalists)




Appointed by John Adams
Held similar ideas as the Federalist president
John Marshall served for over 30 years
The rulings of the court reflected Marshall’s
support for a strong national government.
Federalist William Marbury was appointed and
confirmed as one of the ‘midnight’ judges.
2. However his commission to a lower court had
not been delivered before the Democratic
Republicans took office
3. Secretary of State James Madison refused to
deliver the commission.
4. Marbury appealed to the Supreme Court for a
court order [writ of mandamus] that would
require Madison to deliver the commission.
1.
What was the decision of the Court?
The Court rejected Marbury’s appeal


Supreme Court could only hear cases like this one on appeal
The Court did not have the power to issue


Writs of mandamus
Constitution clearly established the cases over which it had
original jurisdiction


Writs of mandamus was NOT one of them
The part of the Judiciary Act of 1789 that gave this power to
the Court was unconstitutional



Not the entire Judiciary Act of 1789
Only the power to issue the writs of mandamus
4.
What was the effect of the decision?

Established the Supreme Court’s power

Judicial review
▪
Allows the Court to determine the constitutionality of
acts of Congress

Midnight judges case

Lawsuit requested the Supreme Court to
issue a Writ of mandamus
▪

Court order forcing Madison to issue the judicial
commissions
▪ The right to issue such writs had been given to
the Court by the Judiciary Act of 1789
Decision announced





Madison was wrong to withhold the
commissions
Courts could issue such writs to force officials
to do their duty
BUT Supreme Court had no such power
because
Congress was not allowed to change the
Court’s original jurisdiction by a mere act of
Congress
That part of the Judiciary Act attempting
to do so was NULL and VOID (judicial
review)
Chief Justice John Marshall

Judicial Review
 “It is emphatically
the province and
duty of the judicial
department to say
what the law is.”
 “…a law repugnant
to the Constitution
is void.”




The power of the federal courts to declare laws of
Congress and acts of the executive
 Unconstitutional
 Null and void and unenforceable
Established in Marbury v. Madison 1803
 By Chief Justice John Marshall
Federalist 78
 Alexander Hamilton
 Constitution intended to give the courts the right
to decide whether a law is contrary to the
Constitution
Chief weapon for the courts in the system of checks
and balances

Judicial review
 The right of the federal courts to
judge the constitutionality of laws
passed by Congress and the state
legislatures

This power was first practiced by
the Supreme Court in
 Marbury v. Madison (1803)