1. The Election of 1800

2. Review Election of 1796 Quasi-War with France XYZ Affair
Adams is Federalist candidate
Jefferson is the Republican candidate
Adams in office
Quasi-War with France
XYZ Affair
War Between the Parties
Alien and Sedition Acts
Virginia and Kentucky Resolutions

3. The Election of 1800 Candidates:
John Adams for reelection
on the Federalist ticket
Thomas Jefferson and Aaron Burr on the Democratic-Republican ticket
When the votes were counted Jefferson and Burr tied with 73 electoral votes each
The Constitution calls for the House of Rep to choose the president
At this time the House of Rep was controlled by the Federalists!

4. The House of Rep voted and tied 35 different times!
No one knew what to do
now because the
Constitution did not confront
this situation
Hamilton convinced the House to elect Jefferson over Burr
Jefferson let the Federalists know that if he were elected he would allow the Fed’s in govt. to keep their jobs and he would not dismantle Hamilton’s financial system
In 1801 Jefferson became president by 1 vote

5. Jefferson in Office More like a common man
Kept his promise, didn’t get rid of Fed legislation
He tried to integrate Rep ideas into the policies
As president he…
Reduce federal govt. power, he b/g to pay off federal debt, cut govt. spending, and did away with the hated whiskey tax
Jefferson and his Secretary of the Treasury kept Hamilton’s financial system

6. Before Adams’ term expired the Fed majority in Congress passed the Judiciary Act of 1801 which created 16 new federal judges and Adams appointed Fed to all 16 of these positions
These appointees were nicknamed “midnight judges” b/c of their late appointment on Adams’ last day
One of Jefferson’s first acts as president was to repeal the
Judiciary Act of 1801 which
abolished the midnight
judges and their positions

7. Marbury vs. Madison
Before Adams left office he also appointed a new chief to the Supreme Court
John Marshall, a Fed judge and hated cousin to Jefferson
Marshall is credited for making the Supreme Court as powerful as it is today through the Marbury vs. Madison case

8. The Issue
William Marbury – Fed who had been appointed justice of the peace in Washington D.C. by Adams
Adams had signed Marbury’s appointment but the documents were not delivered before Adams left office
Madison (the new Sec. of State) was supposed to deliver the documents but Jefferson told Madison to hold them
Hoping that Marbury would quit and allow Jefferson to appoint a Republican to the job

9. Take it to Court!
Marbury asked the Supreme Court to issue a court order telling Madison to deliver the documents, he based his request on the Judiciary Act of 1789
Judiciary Act of 1789 – requests for federal court orders go directly to the Supreme Court

10. The Supreme Court decided the Court could not issue the order because this was not a type of case the Supreme Court had jurisdiction over
This Court’s decision made that section of the Judiciary Act of 1789 unconstitutional and invalid
This decision strengthened
the Supreme Court because
it asserted the Court’s right
of judicial review.
Judicial Review – the power to decide whether laws passed by Congress were constitutional and the ability to strike down the laws that are not constitutional  checks and balances!