Jefferson in Office Goal 1.1 and 1.3

The Rise of the Supreme Court The Federalist party passed the Judiciary Act 1801 which created 16 new federal judges. John Adams in his last night in office appointed as 16 Federalists to those new judgeships. It was his last attempt to leave the Federalist in power. His last night appointments were called “MIDNIGHT JUDGES!!”

Impeachment of Judges As a result of the “midnight judges”, the Federalist now controlled the Judicial Branch. The Republicans tried to use the impeachment clause of the Const. to remove one of the Federalist judges, Samuel Chase. He was found not guilty. This went on to assert the judges can not be removed just because Congress disagreed with them.

Marbury vs. Madison Pres. Adams appointed John Marshall as Chief Justice of the Supreme Court. Marshall made the Sup. Court into the powerhouse institute that it is today. The case that challenged his power was Marbury vs. Madison – William Marbury, a Federalist, appointed as a “midnight judge”, never received his papers for the appointment. Jefferson’s Sec. of State James Madison refused to deliver the papers. Marbury sued Madison. It est. the principle of judicial review – the right to declare a law unconstitutional.

McCulloch vs. Maryland 1819 – Maryland felt that they had the right to tax the 2nd Bank of the US. Maryland also ? The Constitutionality of the BUS. John Marshall wrote the courts opinion of the case. 1) The bank was const. using the “necessary and proper clause AKA elastic clause. 2) State gov’t could not tax a fed. bank. 3) When in question, the federal laws will ALWAYS surpass the state laws –supremacy clause.

Louisiana Purchase Napoleon gained control of area once owned by Spain. This made Jefferson worry. He sent Robert Livingston to France to try and secure rights to use Mississippi River. France sold Louisiana Territory to US for $15 mill. Main reason for the purchase, US wanted to control the Mississippi River and secure right of deposit in New Orleans. The purchase doubled the size of the US, Jefferson sent Meriwether Lewis and William Clark out to find a path to the Pacific and look fore natural resources.

Continental System Napoleon wanted to hurt Britain economy. He passed the Continental System – close the European continent to British trade. He barred British ships and any ship trading with Britain from entering ports. Britain responded with the Orders of Council – all ships going to Europe need British permission and would be searched for contraband. US caught in the middle. No matter what, they would have their ships and goods seized.

Impressment British army was short of recruits. So, they stopped US ships and used impressment – legalized form of kidnapping; force people into military service. The British would stop, board and search US ships. Many times goods were taken and US citizens were forced into the military. Leopard and Chesapeake incident – British warship Leopard stopped US warship Chesapeake to search for British deserters. US refused. British opened fire on US ship killing 3 Americans. British then boarded and seized 4 sailors.

Embargo Act 1807 US wanted to avoid a war with Britain. Jefferson asked Congress passed the EMBARGO ACT of 1807 – halting all trade between the US and Europe. Embargo- gov’t places a ban on trade with other countries. This act hurt the US more than it did Europe. Northeast saw their shipping business stop and farmers in S. and W. were upset because their crops were no longer in demand. In an attempt to save the Republican party and the nation, Congress repealed the Embargo Act of 1807.