1. Jefferson and the Judiciary  When Jefferson took office no Republicans sat on the federal judiciary  Washington and Adams administrations appointed only Federalists  Jefferson angry over Federal courts enforcement of Alien and Sedition Acts  Jefferson also angry over the Federalist sponsored Judiciary Act of 1801  Judiciary Act of 1801 had lessened the number of Supreme Court Justices from six to five  Could cause Jefferson to lose opportunity to appoint a Supreme Court Judge

2. Jefferson and the Judiciary  Judiciary Act of 1801 continued  Could cause Jefferson to lose opportunity to appoint a Supreme Court Judge  Act also created sixteen new federal judgeships  “Midnight” appointments – sixteen new federal judgeships, filled by outgoing president John Adams, at the last moment.  Filled only by Federalist  Jefferson was convinced Federalist planned to use the Judiciary as a means to wipe out Republicanism, “all the works of Republicanism are to be beaten down and erased.”

3. Jefferson and the Judiciary  Marbury v. Madison 1803  Adams appoints William Marbury, as justice of the peace in D.C. but failed to deliver Marbury’s commission before midnight.  Jefferson’s secretary of state, James Madison refused to release the commission.  Marbury petitioned the Supreme Court to issue a writ compelling delivery.

4. Jefferson and the Judiciary  Marbury v. Madison 1803  Justice John Marshall (Federalist) wrote unanimous opinion  Although Madison should have delivered the appointment he was under no obligation to do so.  The Judiciary Act of 1789, which had granted the Court the authority to issue such a writ, was unconstitutional  The Supreme Court declared its authority to void an act of Congress on the grounds that it was “repugnant” to the Constitution.

5. Jefferson and the Judiciary  Marbury v. Madison 1803  Republicans had not waited for the Marbury v. Madison verdict  Republicans had moved to impeach two Federalist judges  John Pickering  Supreme Court justice Samuel Chase (partisan Federalist known for jailing several Republican editors under the Sedition Act of 1798.

6. Jefferson and the Judiciary  Impeachment of Judges  New question – was impeachment, which the constitution restricted to cases of treason, bribery, and “high Crimes and Misdemeanors,” an appropriate remedy for judges who were insane or excessively partisan?  Pinkering was removed from office  Chase was not convicted (questions of proper use)  Was impeachment a solution?

7. Jefferson and the Judiciary  Impeachment of Judges  Chase’s acquittal ended Jefferson’s skirmishes with the judiciary.  More radical follower  Attacked the principal of judicial review  Called for an elected rather than appointed judiciary  Jefferson challenged the Federalist use of judicial power for political goals

8. Jefferson and the Judiciary  Protecting the Constitution and advancing party cause  Conflict or no conflict?  Federalist said no.  Because the Marshall court upheld the constitutionality of the repeal of the Judiciary Act of 1801  Jefferson never proposed to impeach Marshall  Impeachment of Pickering and Chase  Jefferson tries to make the court more responsive to the popular will