• I will…
– Explain the “deal” brokered to allow Jefferson to
become the 3rd US President
– Explain the changes to the federal government
implemented by Jefferson during his presidency
– Interpret and analyze the significance of the
Supreme Court Case of Marbury vs. Madison
• Results
–
–
–
–
–
Thomas Jefferson – 73
Aaron Burr – 73
John Adams – 65
Charles Pinckney – 64
John Jay – 1
• House of
Representatives votes
for Jefferson
– 6 days, 36 different
votes
• Jefferson wins..How?
• Results in the
– Electors would vote
separately for President
and Vice-President
• Alexander Hamilton
brokered the deal for T.J. to
win the presidency…
– Why? NOT because he like
T.J., but because he couldn’t
stand Aaron Burr
• Leaves Aaron Burr really
stoked
• July 1804, Aaron Burr kills
Alexander Hamilton in a
duel…yep, a duel!
You can tell I’m
Aaron Burr by the
way I’m dropping
Hamilton's
• Federalists ceded power to
Democratic Republicans peacefully
 Wars typically errupted in Europe caused
from exchange of power
• Jefferson brought major change to
the federal government
 Limited the powers of federal government of
states and citizens and…
• Literally translates to : “Leave Alone!”
• Government should stay out of economic
affairs
• Very similar to today’s Republicans
– Spending on social programs =
– Government aid to corporations =
– Government regulations on businesses =
1. Reduced the number of people actually
working in the government
– Fired tax collectors, cut the number of US
diplomats overseas
2. Eliminated all federal taxes
– Included the Whiskey Tax
– All government funding comes from tariffs
3. Reduced the size of the navy and army
– Army = 4,000 to 2,500
4. Pardoned those prosecuted under the
Sedition Act
• Kept the National Bank of the US
• Continued paying down the national debt
• Retained most Federalist officeholders
Haters gonna hate...but I
know the meaning of
throwing the opposition
a bone!
• Election of 1800 – Republicans take the
Executive and Legislative branches
– Federalists still control the Judicial branch
– Adams passed a bill allowing him to “pack
the court” with Federalists
• Appoints 16 federal circuit judges and 42
justices of the peace in his last month of office
• William Marbury (“midnight judge”) appointed
justice of the peace for Washington D.C. the
night before Adam’s leaves office
• The practice of making such appointments was
to deliver a "commission," or notice, of
appointment
– Secretary of State, James Madison refuses
• William Marbury sues Madison under the
Judiciary Act of 1789
If theInSupreme
Both Scenarios…
Court rules…
• “Yep, Marbury should
be placed in his
commission and T. Jeff
doesn’t actually do
what we say (which
would’ve prolly
happened), we would
look weak.”
• “Nope, Marbury
doesn’t have the right
to the commission,
then the we look like
pansies…like we’re
afraid of T. Jeff.”
– What to do?!?
• Spelled out the practice of delivering
commissions for judges and justices of the peace
• Also discussed something called a writ of
mandamus (“we command”) , which basically
says that the Supreme Court could hear cases for
the “first time” (original jurisdiction)
• The Constitution says the Supreme Court DOES
NOT have that right to do that!
– Supreme Court only has appellate jurisdiction
• Trial Courts
– Courts with original
jurisdiction have the
power to hear a case
for the first time
– Evidence, testimony,
witnesses…Law &
Order
• Appellate Courts
– Only review decisions
and change outcomes
of decisions of lower
courts
– No witnesses, no
testimony, just a review
of the facts
Article III, Section 2 of the Constitution: The
Supreme Court only has appellate jurisdiction…So,
the Judiciary Act of 1789 is unconstitutional! (or
at lease the writ of mandamus)
• Court rendered a unanimous (4–0) decision
– Marbury had the right to his commission but
the court did not have the power to force
Madison to deliver the commission
• Instead ruled the Judiciary Act of 1789
unconstitutional
• Establishes the principle of Judicial Review
– Legislative and executive actions are subject to
review (and possible invalidation) by the
judiciary
• Longest serving Chief
Justice in the country’s
history (34 years)
• Before J.M. the judiciary
was the weakest branch
of the government
• After J.M. it was an equal
player
– Marbury vs. Madison
establishes the right for
the courts to say a law is
NOT in alignment with
the Constitution…a
safeguard in the system
of “checks and balances”!
You’ve just
been
“lawyered”….
Boo-ya!