The Judicial Branch
John Marshall and Marbury v. Madison (1803)
- As president, John Adams appointed Chief Justice John Marshall, a staunch Federalist. He would serve on the court for over 30 years and would prove to be highly influential in strengthening Federal power.
- Prior to leaving office, Adams signed the Judiciary Act of 1801 which created new courts and increased the number of federal judges by 16. In an attempt to control future judicial decisions, Adams filled these positions at the last moment with Federalists. Angry Republicans called the appointment “midnight judges”. He also appointed 42 justices of the peace. The Senate approved all appointments.
- The appointments would not be valid unless delivered by the Secretary of State. Jefferson’s Secretary of State, James Madison refused to deliver the commission of one justice of the peace, William Marbury.
- Marbury sued Madison (Marbury v. Madison) citing that the Judiciary Act of 1789 authorizes the Supreme Court to issue “writs of mandamus” which compels the government to act and fulfill its duties.
- The Supreme Court ruled that Marbury had the right to the appointment but the Supreme Court did not have the constitutional power to enforce it because the Court held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional and beyond the scope of judicial power outlined in Article III, Section 2. They stated that the Supreme Court did not have the power to issue the writ of mandamus and that Congress did not have the power change the Constitution through regular legislation like the Judiciary Act of 1789.
- Article III, Section II: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
- This establishes the precedent of judicial review: that the Court has the power to declare a law unconstitutional.
- “It is emphatically the province and duty of the Judicial Department to say what the law is.” - John Marshall
Jefferson’s First Term
- Congress did not renew the Alien and Sedition Acts and amended the Naturalization Act to return to pre-change. Jefferson pardoned those convicted under the Sedition Act.
- Jefferson abolished the Whiskey Tax and reduced the size of the army.
- Judiciary Act of 1801 was repealed, ousting the midnight judges but kept most Federalist appointed Federal employees.
- Jefferson limited governmental spending and continued to pay down government debt.
- Louisiana Purchase - In 1799, Napoleon Bonaparte seized power in France and sought to re-establish France’s American empire. He coerced Spain into returning Louisiana to France and cut off American access to the port of New Orleans. In 1803, Jefferson sent Robert Livingston to France to negotiate the purchase of New Orleans. France’s inability to defeat the rebellion in Haiti led Napoleon to rethink his American strategy and offer all of Louisiana for 15 million dollars (500 million today). Jefferson approved the treaty with France.
- Expedition of Lewis and Clark - Jefferson wanted to know about the land, flora, fauna, and Indians of the Louisiana Territory. Between 1804 and 1806, their expedition traveled up the Missouri River, crossing the Rocky Mountains, and reaching the Pacific Ocean.
The Napoleonic Wars
Britain vs. France
- As Napoleon conquered Europe, Britain fought to stop him.
- US merchants continued to trade with Britain and the French navy seized American ships.
- Britain seized American ships that traded with France and between 1802 and 1811, impressed nearly 8,000 American sailors, including US citizens.
- In June 1807, the British warship Leopard attacked the US Navy vessel Chesapeake after it refuses to stop and be searched. The attack killed 3 and wounded 8.
- Jefferson responded by signing the Embargo Act of 1807 which prohibited American ships from leaving home ports until Britain and France stopped restricting American trade.
- US GDP dropped by 5% and exports plunged by 108 million dollars. The Embargo Act of 1807 was incredibly unpopular.
- Despite this, Republican James Madison was elected as President in 1808, easily defeating Federalist Charles Pinckney. Jefferson repealed the Embargo Act before leaving office in 1809.
Relations with Britain Deteriorate
- Non-Intercourse Act of 1809 - Forbade American trade with Britain and France but would reopen trade with whichever nation removed trade restrictions first. It would prove to be ineffective in damaging the economies of Britain and France enough to alter their policy toward the US.
- Macon’s Bill Number Two - reopened trade with Britain and France but stated that if either nation removed trade restrictions with the US, the US would stop importing goods from the other. France took the offer and Congress passed a nonimportation act against Britain.
- War Hawks - Republican Congressmen from the South and West, led by Henry Clay of Kentucky and John C. Calhoun of South Carolina. They were concerned about the US’s reputation over British impressment and pushed for war with Britain. They also blamed Britain for trade restrictions that hurt western farmers and southern planters. They were also concerned about the British arming and inciting Native Americans to attack American settlers in the West. They believed war could allow the US to capture Florida and Canada from Britain.
- Tecumseh’s Confederacy - Shawnee war chief, Tecumseh, and his brother, the prophet Tenskwatawa urged Indian tribes to unite against American encroachment and reject American goods.
- William Henry Harrison, governor of Indiana, decided on a preemptive strike on the holy village Prophetstown in the Battle of Tippecanoe. With Tecumseh away seeking support of tribes in the South, Harrison destroyed the village and inflicted heavy casualties. Tecumseh fled to Canada.