The Presidency of John Adams 1797-1801

A Contentious Beginning… Political parties had developed into powerful forces in the states States control electoral college, electors cast two votes each for President Federalists John Adams Democratic-Republicans Thomas Jefferson Alexander Hamilton tries to get Pinckney elected by getting Southerners to make him their second vote Adams wins in the electoral college anyway, but by only three votes Problems?

Adams v. Jefferson D-R Candidate was Thomas Jefferson Federalist Candidate was John Adams

On this week’s episode of Desperate Founding Fathers… Constitution Says… Two candidates with the most votes become President and Vice President! So….. President Adams and Vice President Jefferson are from different political parties This is changed by Amendment XII (1804) Predictions?

The Decision Adams won 71-68 in the Electoral College Because only one ballot was cast, whoever was in 2nd place became VP Jefferson ended up as VP

Mr. Adams as President Served only 1 term from 1797-1801 Followed precedents set by Washington

Signs of hope It almost works at first Adams and Jefferson have a lot of mutual respect from Revolutionary days Adams states support for republican government, respect for French, offers Madison high position as envoy to France But Federalist cabinet (mostly Washington loyalists) protests and wins. Doesn’t take control of cabinet until last year of his presidency Beginning of the end of support for Adams

The French Revolution Interferes American merchant ships being seized by French warships French not happy with Jay’s treaty They saw it as the precursor to an alliance with Great Britain France wanted the U.S. to honor the Franco-American Alliance of 1778 France begins attacking/seizing US ships (300 ships & $20 million in cargo lost)

XYZ Affair (1797-1798) Adams sends delegates to France to negotiate Delegation sent to France to meet with French Foreign Minister Charles Talleyrand Three French delegates X, Y, & Z demanded $12 million loan & a cash bribe just for a meeting Americans insulted & came home. Clashes between American and French ships at sea begin Report published & started Anti-French sentiment at home

Public Opinion toward France Shifts Britain looking on from on high 5 members of the Directory in France Rest of the world looking on The XYZ affair - Maiden America ravaged by the French

Quasi-War (1798-1800) U.S. began an undeclared war against France Was purely naval – fought mainly in the Caribbean Adams had to quickly expand the 3 ship navy & an army of 10,000 men was authorized

Fallout from XYZ Affair Many Americans calling for war with France Hamilton, others thought U.S. could gain land “Millions for defense, but not one cent for tribute!” France did not want another enemy Napoleon now in charge Forced Talleyrand to try to create a treaty with the U.S. Adams sent a delegation and a treaty was signed Terms: Ended Franco-American Alliance All ships seized by both sides would be returned

Federalists take control Public anger with France strengthens Federalists in congress Win majority of both houses in 1798 Enacted laws that were restrictive to Democratic-Republican rivals What did Washington warn about again?

Naturalization Act What did it do? Increases from five to fourteen number of years required to qualify for U.S. citizenship Why would it favor the Federalists? Most immigrants voted with the Democratic-Republicans

Alien and Sedition Acts (1798) Purpose: Silence & reduce opposition from the D-Rs about the Quasi War with France Alien Acts: raised residence requirements for citizenship from 5 to 14 years Most immigrants were D-Rs Sedition Act: it was a crime to publish “false, scandalous, and malicious writing” about the government or its officials Direct violation of the 1st Amendment Laws expired in 1801

Alien Acts What did it do? Authorized the president to deport any aliens considered to be dangerous Authorized the president to detain any enemy aliens in a time of war Why would it favor the Federalists? Democratic-Republicans sympathetic to the French Revolution

Sedition Act What did it do? Makes it illegal for newspapers to criticize the president or Congress Imposed heavy penalties for editors who violated the new law Fines Imprisonment Why would it favor the Federalists? Are you kidding? Representative Matthew Lyon of Vermont, arrested under the Sedition Act of 1798, attacking a fellow congressman

Responses to Alien and Sedition Acts Republicans say that they violate First Amendment Judicial Review not yet established, so no Supreme Court case Kentucky and Virginia Resolutions Written, respectively, by Jefferson and Madison Argument: Since states had entered into the compact (Constitution), they can nullify a federal law that breaks the agreement. Try to get other state legislatures enact “nullification” laws. They didn’t.

Virginia and Kentucky Resolutions (1798) D-Rs convinced the Acts were unconstitutional Problem: Who decides the Constitutionality of laws? Jefferson & Madison anonymously write the VA & KY Resolutions Premise: States had the right to nullify unconstitutional laws passed by Congress Importance: Southerners later used this argument to support secession from the Union

The Crisis Fades Federalists, due to the unpopularity of these laws, lose their majority in the election of 1800 Republicans allow the Alien and Sedition Acts to expire or repeal parts of them Under John Marshall, Supreme Court will establish role as the last resort in determining if a law is constitutional News of a new peace with France doesn’t make it to the U.S. until after the election

The Revolution of 1800 Peaceful transition of power between two political parties

Midnight Judges After Election loss Adams passes the Judiciary Act of 1801 Created additional Federal Judge positions (appointed Federalists). Federalists will control 1 Branch of the Government (lost the Leg & Exe Branch) Jefferson will repeal & attack Federalists

New President Takes Office Time Lag...between election day and the oath of office for the new President November 1800 Election Day March 1801 New President Takes Office Fear that Federalist Party will no longer exist Federalist Congress passes the Judiciary Act of 1801 and the Organic Act of 1801 Compare to today. The Act gave Adams the power to appoint several new federal judges and justices of the peace before he left office.

But not all were delivered before President Adams left office. President Adams signs appointments for many new federal judges. His Secretary of State was instructed to deliver the commissions. But not all were delivered before President Adams left office. Midnight Judges

Before leaving office, President Adams appoints John Marshall as Chief Justice of the US Supreme Court John Marshall Actually served as both Secretary of State and Chief Justice of the US Supreme Court in 1801 for President Adams before Adams left office.

Now, we must introduce... One of the judges appointed by President Adams that did not receive his commission Senate Approved Commission Drawn Up Secretary of State Seal Commission Delivered by John Marshall (S of S) NO Commission Checklist William Marbury So many commissions, they could not all be delivered, including Marbury’s Commission!!!

Now President Jefferson takes office and he learns of Adams’s attempt to pack the Court with Federalists. President Jefferson instructs his Secretary of State James Madison to refuse the appointments. President Thomas Jefferson Secretary of State James Madison

I want my job!!! Marbury appeals directly to the United States Supreme Court to gain his appointment. He wanted the Supreme Court to issue an order forcing Secretary of State James Madison to give Marbury his Commission. Basis of argument: The Judiciary Act (Enacted by Congress) gives the Supreme Court the power to issue such an order. (Original Jurisdiction)

Marbury Sues… Goes to the U. S. Supreme Court John Marshall William Cushing William Patterson Samuel Chase Bushrod Washington Alfred Moore

Questions before the Court Does Marbury have a right to the Commission? Question 2: Did Marbury have a right to take the case to the United States Supreme Court? (He did so because of the Judiciary Act of 1789)

Question 1: Does Marbury have a right to the Commission? And the final answer to Question 1 is… YES When the seal was affixed Chief Justice Marshall: Where there is a right, there must be a remedy. **Marbury wins Question 1**

Question 2: Does Marbury have the right to take the case to the Supreme Court? CONFLICT!!! Judiciary Act of 1789 The Supreme Court has original jurisdiction in this case. US Constitution Article 3: The Supreme Court has original jurisdiction in specific cases only.

The Commission cannot be granted. Question 2 And the final answer to Question 2 is… NO The Commission cannot be granted. The United States Constitution is the Supreme Law of the Land. That section of the Judiciary Act is unconstitutional.

Unanimous decision In a unanimous decision, written by Justice Marshall, the Court stated that Marbury, indeed, had a right to his commission. But it also ruled that the Court had no jurisdiction (or power) in the case and could not force Jefferson and Madison to seat Marbury. The Judiciary Act of 1789 gave the Supreme Court jurisdiction, but the US Constitution did not. The Court’s first responsibility is to uphold the Constitution. When there is a conflict, the Constitution prevails.

Judicial Review The Court’s ruling meant the Supreme Court had the power of judicial review. That is, the Court had the right to review acts of Congress and, by extension, actions of the President. If the Court found that a law was unconstitutional, it could invalidate the law. Marshall argued that the Constitution is the “supreme law of the land” and that the Supreme Court has the final say over the meaning of the Constitution. He wrote, “It is emphatically the province and duty of the judicial department to say what the law is.”

Judicial Review The power of the courts to review the actions of other branches or levels of government; especially the power of the courts to declare laws and actions of the executive and legislative branches of government invalid if they are found to contradict the US Constitution.

Marbury could have sought relief in a lower court first, What Happened Next? Marbury could have sought relief in a lower court first, but… He did not. WHY???

Possible Reasons The Commission was for a lower court that expired in 3 years, so it could have expired by the time the case was over. The case could have just been a plot to try to aggravate the conflict between the Federalists and the Democratic-Republicans. Marbury could have moved on to a new job.

Judging Adams Dislike for the Federalist Congress and the Alien and Sedition Acts cost Adams his reelection and gave control of Congress to the Republicans. But in weighing his presidency, we have to consider the negative along with the positive: Relationship with France damaged New taxes imposed Party politics become entrenched Keeps U.S. out of war, preserves neutrality Strengthens the Navy Peaceful transfer of power in 1800

The Federalists Legacy Built enduring political and financial foundations for the new government Diplomats kept the U.S. out of war and signed advantageous treaties with Br, Fr, & Sp. Preserved democratic gains of the Revolution Opposition resulted in creation of two-party system