Midnight Judges Act

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The Judiciary Act of 1801, also known as the “Midnight Judges Act,” represented an effort to solve an issue in the Supreme Court during the late 1700s. There was concern, beginning in 1789, about the system that required the justices of the Supreme Court to “ride circuit” and reiterate decisions made in the appellate level courts.^[1] The Supreme Court justices often took advantage of opportunities to voice concern and to suggest that the judges of the Supreme and circuit courts be divided.^[1] Attempts to absolve this situation before and throughout the presidency of John Adams were overshadowed by more pressing foreign and domestic issues that occupied Congress during the early years of the nation’s development.^[1] None of those attempts to fix the situation facing the Supreme Court were successful until John Adams took control in 1797.^[2] Faced with the Election of 1800, a watershed moment in American history that represented not only the struggle to correctly organize the foundation of the United States government but also the culmination of struggle between the waning Federalist Party and the rising Republican Party, John Adams successfully reorganized the nation’s court system with the Judiciary Act of 1801.^[3] Adams is often attacked for undercutting the newly elected Republican executive branch by creating more positions for Federalists judges. There are arguments supporting both Adams’ sincerity in simply trying to create what the Supreme Court had supported for so long and Adams’ sly, corrupt efforts to fill the court with Federalists before he left office.

[edit] The Election of 1800

During the Election of 1800, there was an intense growth of partisan politics, the political party of the executive branch of government changed for the first time, and there was an unprecedented peaceful transition of the political orientation of the country’s leadership.^[4] The main issues in this election were taxes, the military, peace negotiations with France and the Alien and Sedition Acts of 1789.^[4] The campaign leading up to this election and the election itself revealed sharp divisions within the Federalist Party. Alexander Hamilton and the extreme Federalists attacked Adams for his persistence for peace with France, his opposition to building an army, and his failure to enforce the Alien & Sedition Acts.^[2]

The results of this election favored Thomas Jefferson and Aaron Burr over John Adams, but each with 73 electoral votes.^[5] Presented with a tie, the House of Representatives, which was dominated by Federalists and led by Alexander Hamilton, decided the election in favor of Thomas Jefferson. Republicans also won control of the legislative branch of government after the congressional elections.^[6]

Thomas Jefferson was inaugurated March 4, 1801 without the presence of President Adams. Jefferson’s inaugural address attempted to appease the Federalists by promising to maintain the strength of the federal government and to pay off the national debt.^[5] Jefferson spoke of dangerous “entangling alliances” with foreign countries as George Washington did, and made a plea for national unity claiming that “we are all Republicans and we are all Federalists.”^[5] After elected, Jefferson set out to rescind the Judiciary Act of 1801 and remove newly appointed Federalists.

[edit] Marbury vs. Madison

The implications of Adams’ actions in appointing Federalists to the Supreme Court led to one of the most important decisions in American judicial history. The Marbury vs. Madison case solidified the United States’ system of checks and balances and gave the judicial branch equal power with the executive and legislative branches.”^[5] This controversial case began with Adams’ appointment of Federalist William Marbury. When the newly appointed Secretary of State James Madison refused to process Marbury’s selection, Marbury requested a writ of mandamus, which would force Madison to make his appointment official.”^[5] Chief Justice John Marshall declared that the Supreme Court did not have the authority to force Madison to make the appointment official.”^[5] This statement actually challenged the Judiciary Act of 1789, which stated that the Supreme Court did, in fact, have the right to issue those writs. Marshall, therefore, ruled that that part of the Judiciary Act of 1789 was unconstitutional because the Constitution did not expressly grant this power to the judiciary.”^[5] In deciding the constitutionality of an act of Congress, Marshall is considered to have established judicial review, one of the most significant developments in the history of the Supreme Court.

[edit] Footnotes

1. ^ ^{a b c} Turner, Katheryn. “Federalist Policy and the Judiciary Act of 1801.” William and Mary Quarterly, 3rd ser., 22. January 1965. New York: Columbia University Press, 1992. Page 5.
2. ^ ^{a b} Elkins, Stanley M.; McKitrick, Eric; The Age of Federalism; New York: Oxford University Press, 1993. p. 731.
3. ^ Stephenson, D. Grier; Campaigns and The Court: The U.S. Supreme Court in Presidential Elections; New York: Columbia University Press, c1999. Page 48.
4. ^ ^{a b} “The John Adams Administration.” Presidential Administration Profiles for Students. Online Edition. Gale Group, 2002. Pages 1, 3.
5. ^ ^{a b c d e f g} “The Thomas Jefferson Administrations.” Presidential Administration Profiles for Students. Online Edition. Gale Group, 2002. Page 3.
6. ^ Elkins, Stanley M.; McKitrick, Eric; The Age of Federalism; New York: Oxford University Press, 1993. p. 731 - 732.