2.  Federalists lose Congressional elections and the presidency, but still control judicial branch  Pass Judiciary Act of 1801 which reduced Supreme Court Justices from 6 to 5 and created many more judge positions

3.  Adams appoints the “midnight judges” in the final day of his presidency (only 3 on the last day)  Judges are appointed for LIFE- Is this fair?

4.  Republicans are furious at the Federalists  William Marbury was appointed as Justice of the Peace in D.C. but his appointment was not delivered.  Secretary of State James Madison refuses to deliver the appointment  Leads to case Marbury v. Madison (1803)  Should Madison be forced to deliver the appointment? (Talk with a partner and come up with a decision- use logic and The Constitution)

5.  Chief Justice John Marshall (and former S.O.S) makes ruling  Lectures Jefferson that appointment should have been delivered but…..  The Supreme Court did not have the power to issue a “Writ of Mandamus” because Judiciary Act of 1789 was unconstitutional

6.  Judicial Review is born- Supreme Court has the power to declare laws unconstitutional  Marbury loses but the Federalists win  Considered to be the most important case in Supreme Court History- made the Judicial Branch an equal branch

7.  He gives more power to the court by saying the court does not have the power to do something (brilliant!)

8.  Furious at Marshall for the lecture  Saw Federalist Judges as a threat  Encourages Congress to impeach partisan judges