Marbury v. Madison (1803)  Landmark case

Marbury v. Madison (1803)  Landmark case  Basis for Judicial Review under Article III of the United States Constitution

Election of 1800 Jefferson defeats John Adams Election was decided Feb 17, 1801

Election of 1800 Jefferson defeats John Adams Election was decided Feb 17, 1801 Jefferson did not take office until March 4, 1801 Adams/Federalist controlled Congress were in power

Federalist Adams and Congress  Judiciary Act of 1789

Federalist Adams and Congress  Judiciary Act of 1789 –Est. 10 new District Courts –Expanded circuit courts from 3 to 6

Federalist Adams and Congress  Judiciary Act of 1789 –Est. 10 new District Courts –Expanded circuit courts from 3 to 6 –Added judges to each circuit –Gave Adams authority to appoint authority to appoint Federal judges & justices of the peace

March 2, 1800  Two days before his term ends

March 2, 1800  Two days before his term ends  Adams appoints 16 Federalist circuit judges, 42 Federalist justices of the peace.

March 2, 1800  Two days before his term ends  Adams appoints 16 Federalist circuit judges, 42 Federalist justices of the peace.  The “Midnight Judges”  All in the Washington/ Alexandria area

Senate approves of the appointments! (Big surprise)  But to go into effect, appointments had to be delivered

Senate approves of the appointments! (Big surprise)  But to go into effect, appointments had to be delivered  John Marshall; Acting Sec of State for Adams –Recently appointed Chief Justice of the United States

Most commissions delivered  Impossible to deliver all before Adams’ term expired

Most commissions delivered  Impossible to deliver all before Adams’ term expired  All appointments were routing in nature

Most commissions delivered  Impossible to deliver all before Adams’ term expired  All appointments were routing in nature  Marshall Ass-u-me’d they would be delivered by the new Sec of State James Madison  But…

T.J. orders his Attorney General and acting Sec of State Levi Lincoln…  Don’t deliver the remaining appointments

T.J. orders his Attorney General and acting Sec of State Levi Lincoln…  Don’t deliver the remaining appointments  Without them, remaining appointees could not assume their office  Making them void in TJ’s opinion

Newly sworn in Republican congress immediately set about voiding the Judiciary Act of 1801 with their own…

Judiciary Act of 1802  The Judicial Branch would operate under the dictates of the original Jud. Act of 1789