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"To ignore the advice of the members of the House and Senate and move forward with the confirmation of Judge Garland at this time would be robbing the American people of the chance to speak on where they believe this country should be headed. The choice to fill such an important position on the federal bench should be informed by the will of the American people. But the president has disregarded the voices of the American people during his last months in office" (Goodlatte 2016, np).

What are the still felt long term effects of the election of 1800, repeal of the Judiciary Act of 1801, and the impeachment of Samuel Chase?

As Adams exits,

so might the Federalist legacy on America...

FRIDAY, FEBRUARY 5, 1805

As the Federalists prepared to leave office, they passed the Judiciary Act of 1801 and appointed John Marshall as Chief Justice.

"This act will not fail to be recorded among the most memorable events of the present period. It preeminently marks the triumph of republican principles. It demonstrates the inflexible determination of those who now hold the reins of authority, to adhere in power to the same principles, avowed by them when out of power. Their theory was a good one; but their practice is better. Economy in the public expenditure, distrust of extravagant executive patronage, a dread of whatever tends to the unnecessary aggrandisement of the powers of the general government, constitute a few of the features of the repealing act; and they are features which, it is not hesitated to say, will recommend it to national approbation."

"A precipitate repeal of this law, upon the grounds of its mutability, at this period of its operation, and for such reasons as have been brought forward, can be nothing else than a wanton, if not a perfidious abuse of power, as well as a dereliction of those generous, honorable sentiments, which give security and confidence, where laws are inefficient."

  • "Jobbery it was, but by no means the design only of hungry cians ... This measure combined thoughtful concern for judiciary with selfish concern for the Federalist" (Knudson 1970, 56).

Jefferson threatens to repeal the Judiciary Act

"We demand not that an independent judge shall be removed from office. There are independent judges on the bench, whose dismissal we do not seek. We only ask that a man, who is unworthy of the high judicial station which he fills, should be dismissed from the service of his country at the age of seventy years. A man who has marked his whole character with oppression, and been constantly employed in preaching politics and construing treason" (Knudson 1970, 67).

OUT!

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