During the Washington and Adams presidencies over 600 federalists were

During the washington and adams presidencies over 600

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federalists were appointed and only six known Republicans. Adding insult to injury, President Adams made dozens of “midnight appointments.” Shortly before Adams’ presidency expired, he signed into law the Judiciary Act of 1801, which reorganized the federal court system. Using the Act, so-called “midnight judges were appointed were selected and signed by Adams until midnight on his last day in office. Three years later Federalists held only 130 of presidential controlled offices. With Jefferson’s leadership, the Republican controlled congress proceeded to affirm its “Republicanism.”Adams’ use of the midnight appoints sparked the first case in which the Supreme Court declared a federal law unconstitutional. The case (Marbury v. Madison1803) involved the appointment of William Marbury as a justice of the peace in the District of Columbia under Adams’ midnight
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2appointment. Marbury’s appointment letter was signed by President Adams, sealed, but still not delivered when Madison took office as Secretary of State and President Jefferson directed him towithhold it. Marbury then sued for a court order called a “Writ of Mandamus” directing Madisonto deliver his commission.The case went before the Supreme Court where Chief Justice William Marshall, a strong federalist and Virginia aristocrat, held that Marbury deserved his commission. It had been signed and sealed, but then denied the court had the jurisdiction in the case because Section 13 of the Judiciary Act of 1789, giving the court original jurisdiction in mandamus proceedings was unconstitutional. The decision immediately enhanced the power of the Supreme Court making it a co-equal branch of government. Marshall was able to chastise the Jeffersonians while avoiding a confrontation with an administration that might have defied his order.Chief Marshall was not finished making this point. In the case McCulloch vs Maryland(1819)In 1816, Congress created the Second National Bank after the first expired. The state of
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