1. Chapter 11 P. 211-232

2. “We are all Federalists, we are all Republicans.”

3. Jeffersonian Principles From 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) Document 4.1

4. Jeffersonian Principles From 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

5. William Marbury James Madison

6. 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

7.  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)

8.  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.

9. 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.

10. 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

11. 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

12.  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 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

13.  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

14.  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)