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Triumphs and Travails of theJeffersonian Republic1800-1812
Chapter 11P. 211-232
“We are all Federalists , we are all Republicans.”
“Revolution of 1800”
Jeffersonian PrinciplesFrom Jefferson’s First Inaugural Address“We are all
republicans, We are all
federalists.” REPublic = Government by REPresentatives
Division of power between state governments and the central government
(Difference is by Degree)
(Difference is by Degree)
Document 4.1
Jeffersonian PrinciplesFrom Jefferson’s First Inaugural Address“We are all
republicans, We are all
federalists.” DOMESTIC POLICY
(Discontinuity)FOREIGN POLICY
(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.”
Document 4.1
William Marbury James Madison
Marbury v. Madison 1803
John Adams, Federalist “the midnight judges”
John Marshall, FederalistSec. of State under AdamsChief Justice of the Supreme Court for 34 years
James Madison“Father of the Constitution”Sec. of State under JeffersonFuture president 1809-1817
Judiciary Act 1789Judiciary Act 1801 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)
Chief Justice John Marshall 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.
Marbury v. Madison 1803Elements of the case
1. 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.
Marbury v. Madison 1803
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
Marbury v. Madison 1803Elements of the case Worksheet
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
Marbury v. Madison 1803 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)
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.”
Chief Justice John Marshall
Judicial Review 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
Marbury v. Madison 1803Judicial Review 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)