Chapter 11 P. 211-232. “We are all Federalists, we are all Republicans.”

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)