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Midnight Judges Dbq

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In 1800, the Era of Federalist powers over the government finally changed hands to the Democratic-Republicans. Thomas Jefferson’s election in 1800 signaled the rise of the Republican party, and the soon to be demise of the Federalist party, with many judiciary conflicts to come between.
The Judiciary Act of 1801 was an important point of conflict between the Federalists and republicans during the 19th century, causing heightened tension during the change of party hands, and ultimately leading to the establishment of judiciary review. On his very last day of presidency, John Adams commissioned 16 new Federalist judges (also called midnight judges in reference to his last-minute timing) to balance the incoming influx of Republican power in congress. In Republican eyes, the Judiciary Act was a pathetic final attempt by the Federalist party to establish itself in one of the three branches of government. Jeffersonians condemned the act, and it was immediately repealed the year after its passage. The repeal of the Judiciary Act took out 16 Federalist judicial …show more content…

Marbury, one of the “midnight judges” of 1801, was named a justice of peace for the District of Columbia, but he soon learned that his commission was being put off by James Madison. So, he sued. Marshall realized that the executive branch, completely controlled by Jeffersonians, could easily reject his ruling for his Federalist friend and lessen the power of the Judicial branch at the same time. He dismissed Marbury’s case, but also said that the basis of Marbury’s argument –the Judiciary Act of 1789 –was unconstitutional, thus establishing the establishing the principle of judiciary review, the principle by which courts can declare acts of either the executive branch or the legislative branch

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