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Tale of the Midnight Judges

Meanwhile, back in the Adams White House ...

  • Two branches of government about to fall into Republican hands ... Executive & Legislative.
  • Adams nominates John Marshall as Chief Justice
  • Marshall keeps job as Acting Sec. of State.
  • Federalist Congress passes 2nd Judiciary Act
  • 10 new District Courts & 3 new Circuit Courts.

Marshall Court Decisions

  • March 3rd, Adams races to fill judges with Federalists.
  • a few do not get papers before midnight ...

1801 - 1835

Marbury v. Madison - ??

Judgement Time

Electoral Indecision

McCulloch v. Maryland (1819) - Maryland had no power to tax a the Second BUS ... Bank was constitutional.

Chief Justice John Marshall Decides:

Gibbons v. Ogden (1824) - Congress could regulate interstate commerce.

1) Marbury had a legal right to his job as Justice of the Peace.

2) The Supreme Court could force Madison's hand under Judiciary Act.

  • but the Judiciary Act(s) were unconstitutional ...

A tie in the Electoral College sends the decision to the House of Representatives.

3) Therefore, Marbury was denied the job!

Lame Duck session of Federalists had to decide the next Republican President!

Establishes Judicial Review!

The Players

Timeline Recap

Election of 1800

  • 12 year reign of Federalist Party.
  • Bitter, nasty, mean campaign.
  • Adams & Jefferson not friends anymore ...

March 3

Feb. 12

  • Jefferson wins popular vote.
  • Most Congressional elections won by Republicans.

Oct. - Dec.

  • Aaron Burr, a Republican, ties Jefferson in the Electoral College! ... Now What?

Feb. 4

Feb. 17

March 4

Journal Entry

SECENE 1

SECENE 2

ELECTION

House of Representatives

Federalists

Republicans

Federalists

v.

SECENE 4

Hamilton

SECENE 3

Burr

Rewind <-- 1800

FAST FORWARD --> 1804

The Stage

Marbury v. Madison

A Federalist and Anti-federalist Showdown!

Marshall

Tom is crazy. And he sounds like a girl!

Hamilton

What the heck!

I am running for VP!

Marshall becomes

Chief Justice

Jefferson

Inaugurated

I thought this was just show!

Where do you think you are going?

Hey John, you want another job? How bout Supreme Court?

White House

JEFFERSON!

Elected by the House as the third president.

Gentlemen, you should vote for the lesser of two evils!

Burr

Vote for

Jefferson!

Federalists

Vote BURR!

Make these guys Judges on your way to the SC.

Election

1800

Holy crap! Almost out of time.

Anything to help the Federalists Mr. President!

Adams

Adams

"Midnight Judges"

Marbury left out :-(

But we making a new law to hire more Federalist judges!

Marbury

Wait, now what do we do? We got to fix this.

John is trying to be a king! And at least I have my teeth!

Marshall

73 Votes

73 Votes

Electoral votes

73

73

65

Jefferson

Burr

Adams

Jefferson

House chooses

Jefferson

v.

Madison

Marbury

Madison

Oh no you don't ... It's midnight and Adams ain't Pres. no more!

Republicans

Jefferson

I was going to make Marbury a judge with these papers.

Supreme Court

Oopps!

Guess I gotta run.

1803

1801

Pres.

New Pres.

Sec. State

New Sec. State

Judge?

The Marshall Court increases the ____________

Government's Power.

2nd Judiciary

Act Passed

Federalists

Adams

Marshall

Jefferson disagreed with Marshall's decision:

"You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy."

Aren't you VP?

I really hate both of them.

JOURNAL QUESTION:

(your choice!)

1. Who won this case?

(Marbury, Jefferson, Federalists, etc. ...)

2. Did anyone abuse their power?

(Adams, Jefferson, etc. ...)

3. Do you agree with Jefferson above?

Marbury v.

Madison

No job? Then see you in COURT Mr. Madison!

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