1.used the ideas of John Locke and the Tenth Amendment to the Constitution to argue that the federal government had been formed by a “compact,” or contract, among the states and possessed only certain delegated powers2.Whenever a state decided that the central government had exceeded those powers, it had the right to “nullify” the appropriate lawsii.By the late 1790s, the entire nation was deeply and bitterly politicized.XXII.The Revolution of 1800A.Election of 1800i.The presidential candidates were the same as four years earlier: Adams for the Federalists, Jefferson for the Republicansii.But the campaign of 1800 was very different from the one preceding it. Adams and Jefferson themselves displayed reasonable dignity, but their supporters showed no such restraintiii.The election was close, and the crucial contest was in New York. There, Aaron Burrmobilized an organization of Revolutionary War veterans, the Tammany Society, to serve as a Republican political machine. Through Tammany's efforts, the party carried the city by a large majority, and with it the state. Jefferson was, apparently, elected.iv.The Constitution called for each elector to “vote by ballot for two persons.” The expectation was that an elector would cast one vote for his party's presidential candidate and the other for his party's vice presidential candidate. To avoid a tie, theRepublicans had intended that one elector would refrain from voting for the party's vice presidential candidate, Aaron Burr.v.But when the votes were counted, Jefferson and Burr each had 73. No candidate hada majority, and the House of Representatives had to choose between the two top candidates, Jefferson and Burr. Each state delegation would cast a single vote.vi.The new Congress, elected in 1800 with a Republican majority, was not to convene until after the inauguration of the president, so it was the Federalist Congress that had to decide the question.vii.several leading Federalists concluded, following Hamilton's advice, that Burr was too unreliable to trust with the presidency. On the thirty-sixth ballot, Jefferson was elected.B.The Judiciary Act of 1801 i.After the election of 1800, the only branch of the federal government left in Federalist hands was the judiciary. ii.With the Judiciary Act of 1801, the Federalists reduced the number of Supreme Court justiceships by one but greatly increased the number of federal judgeships as a wholeiii.Adams quickly appointed Federalists to the newly created positions. He also appointed a leading Federalist, John Marshall, to be chief justice of the Supreme
Park 12Court, a position Marshall held for 34 years.iv.These officeholders became known as the “midnight appointments.”v.The exuberance with which the victors viewed the future—and the importance they ascribed to the defeat of the Federalists—was evident in the phrase Jefferson himself later used to describe his election. He called it the “Revolution of 1800.