The Judiciary Act of 1801 and the Midnight Judges

The Judiciary Act of 1801 and the Midnight Judges   The Judiciary Act of 1801 reorganized the federal judicial branch by creating the nation’s first circuit court judgeships. The act and the last-minute manner in which several so-called â€Å"midnight judges† were appointed resulted in a classic battle between the Federalists, who wanted a stronger federal government, and the weaker government Anti-Federalists for control of the still-developing U.S. court system. Background: The Election of 1800 Until ratification of the Twelfth Amendment to the Constitution in 1804, the electors of the Electoral College cast their votes for president and vice president separately. As a result, the sitting president and vice president could be from different political parties or factions. Such was the case in 1800  when incumbent Federalist President John Adams faced off against incumbent Republican Anti-Federalist Vice President Thomas Jefferson in the 1800 presidential election. In the election, sometimes called the â€Å"Revolution of 1800,† Jefferson defeated Adams. However, before Jefferson was inaugurated, the Federalist-controlled Congress passed, and still-President Adams  signed the Judiciary Act of 1801. After a year filled with political controversy over its enactment and implantation, the act was repealed in 1802. What Adams’ Judiciary Act of 1801 Did Among other provisions, the Judiciary Act of 1801, enacted along with the Organic Act for the District of Columbia, reduced the number of U.S. Supreme Court justices from six to five and eliminated the requirement that the Supreme Court justices also â€Å"ride circuit† to preside over cases in the lower courts of appeals. To take care of the circuit court duties, the law created 16 new presidentially-appointed judgeships spread over six judicial districts. In many ways the act’s further divisions of the states into more circuit and district courts served to make the federal courts even more powerful than the state courts, a move strongly opposed by the Anti-Federalists. The Congressional Debate Passage of the Judiciary Act of 1801 did not come easily. The legislative process in Congress came to a virtual halt during the debate between Federalists and Jefferson’s Anti-Federalist Republicans. Congressional Federalists and their incumbent President John Adams supported the act, arguing that more judges and courts would help protect the federal government from hostile state governments they called â€Å"the corrupters of public opinion,† in reference to their vocal opposition to the replacement of the Articles of Confederation by the Constitution.    Anti-Federalist Republicans and their incumbent vice president Thomas Jefferson argued that the act would further weaken the state governments and help Federalists gain influential appointed jobs or â€Å"political patronage positions† within the federal government.  The Republicans also argued against expanding the powers of the very courts that had prosecuted many of their immigrant supporters under the Alien and Sedition Acts. Passed by the Federalist-controlled Congress and signed by President Adams in 1789, the Alien and Sedition Acts were designed to silence and weaken the Anti-Federalist Republican Party. The laws gave the government the power to prosecute and deport foreigners, as well as limiting their right to vote. While an early version of the Judiciary Act of 1801 had been introduced before the 1800 presidential election, Federalist President John Adams signed the act into law on February 13, 1801. Less than three weeks later, Adams’ term and the Federalist’s majority in the Sixth Congress would end. When Anti-Federalist Republican President Thomas Jefferson took office on March 1, 1801, his first initiative was to see to it that the Republican-controlled Seventh Congress repealed the act he so passionately detested. The ‘Midnight Judges’ Controversy Aware that Anti-Federalist Republican Thomas Jefferson would soon sit as his desk, outgoing President John Adams had quickly- and controversially- filled the 16 new circuit judgeships, as well as several other new court-related offices created by the Judiciary Act of 1801, mostly with members of his own Federalist party. In 1801, the District of Columbia consisted of two counties, Washington (now Washington, D.C.) and Alexandria (now Alexandria, Virginia). On March 2, 1801, outgoing President Adams nominated 42 people to serve as justices of the peace in the two counties. The Senate, still controlled by Federalists, confirmed the nominations on March 3. Adams began signing the 42 new judges’ commissions  but did not complete the task until late in the night of his last official day in office. As a result, Adams’ controversial actions became known as the â€Å"midnight judges† affair, which was about to become even more controversial. Having just been named Chief Justice of the Supreme Court, former Secretary of State John Marshall placed the great seal of the United States on the commissions of all 42 of the â€Å"midnight justices.† However, under the law at the time, judicial commissions were not considered official until they were physically delivered to the new judges. Mere hours before Anti-Federalist Republican President-elect Jefferson took office, Chief Justice John Marshall’s brother James Marshall began delivering the commissions. But by the time President Adams left office at noon on March 4, 1801, only a handful of the new judges in Alexandria County had received their commissions. None of the commissions bound for the 23 new judges in Washington County had been delivered and President Jefferson would start his term with a judicial crisis. The Supreme Court Decides Marbury v. Madison When Anti-Federalist Republican President Thomas Jefferson first sat down in the Oval Office, he found the still undelivered â€Å"midnight judges† commissions issued by his rival Federalist predecessor John Adams waiting for him. Jefferson immediately reappointed the six Anti-Federalist Republicans who Adams had appointed, but refused to reappoint the remaining 11 Federalists. While most of the snubbed Federalists accepted Jefferson’s action, Mr. William Marbury, to say the least, did not. Marbury, an influential Federalist Party leader from Maryland, sued the federal government in an attempt to force the Jefferson administration to deliver his judicial commission and allow him to take his place on the bench. Marbury’s suit resulted in one of the most important decisions in the history of the U.S. Supreme Court, Marbury v. Madison. In its Marbury v. Madison decision, the Supreme Court established the principle that a federal court could declare a law enacted by Congress void if that law was found to be inconsistent with the U.S. Constitution. â€Å"A Law repugnant to the Constitution is void,† stated the ruling. In his suit, Marbury asked the courts to issue a writ of mandamus forcing President Jefferson to deliver all of the undelivered judicial commissions signed by former President Adams. A writ of mandamus is an order issued by a court to a government official ordering that official to properly carry out their official duty or correct an abuse or error in the application of their power. While finding that Marbury was entitled to his commission, the Supreme Court refused to issue the writ of mandamus. Chief Justice John Marshall, writing the Court’s unanimous decision, held that the Constitution did not give the Supreme Court the power to issue writs of mandamus. Marshall further held that a section of the Judiciary Act of 1801 providing that writs of mandamus might be issued was not consistent with the Constitution and was therefore void. While it specifically denied the Supreme Court the power to issue writs of mandamus, Marbury v. Madison greatly increased the Court’s overall power by establishing the rule that â€Å"it is emphatically the province and duty of the judicial department to say what the law is.† Indeed, since Marbury v. Madison, the power to decide the constitutionality of laws enacted by Congress has been reserved to the U.S. Supreme Court. Repeal of the Judiciary Act Of 1801 Anti-Federalist Republican President Jefferson moved swiftly to undo his Federalist predecessor’s expansion of the federal courts. In January 1802, Jefferson’s staunch supporter, Kentucky Senator John Breckinridge introduced a bill repealing the Judiciary Act of 1801. In February, the hotly debated bill was passed by the Senate in a narrow 16-15 vote. The Anti-Federalist Republican-controlled House of Representatives passed the Senate bill without amendment in March and after a year of controversy and political intrigue, the Judiciary Act of 1801 was no more.

Bbus Essay Example | Topics and Well Written Essays - 1000 words

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Importance of Global Education in Promoting Better Relations Within Essay - 10

Importance of Global Education in Promoting Better Relations Within Society - Essay Example There has been some correspondence in terms of the things global education entails and its expected role in society. For example, comparing the works of Hicks, Pikes, and Selby in relation to global education may give some insight on the aspects involved in global education. Global education can be considered to be more focused on bringing change to society by improving levels of coexistence among people. However, its focus is not limited to a small geographical area but rather focuses on facilitating this change on global scales. In order to promote unity and peaceful coexistence, it important to create awareness on the importance of social justice, human rights and acceptance of cultural diversity. This focus of global education can be attributed to the need for the creation of a better future society. With peaceful coexistence, it is possible to unite the people from diversified cultures and regions in a cooperative way. This is to say that global education changes the general view of people in looking at different global issues and creates an open mind enabling its partakers to think from a more global platform. According to Pike global education impacts change on students enabling them to take charge of their future (2000, p.221; Selby). This is to say that global education fulfills the aspect of changing people’s point of view and encourages them to take up responsibilities. However, the change is not only at a personal level but also from a less individualistic point. This then creates the ability of global education to improve society. By charging partakers of global education to take responsibility for social and personal issues, people can be able to challenge different issues in the world especially those causing crisis. These issues may include policies and values in the society with inclusions of

Cause and Effect Essay Example | Topics and Well Written Essays - 1000 words

Cause and Effect - Essay Example Competition in the automobile industry has increased significantly in recent years. As a result customers are demanding high quality products at lower prices, and this is one of the main causes of outsourcing manufacturing of materials to foreign countries. Many automobile manufacturers are producing their materials in Third World countries in hopes of cheap labor and, therefore, the company will have to respond to the industry trend (Duhigg & Bradsher, 2012). Competitors in the automobile industry are desperately trying to increase their market share at any cost. In such a competitive environment, it is not possible for our company not to outsource manufacturing to foreign manufacturers. Another important cause of taking the outsourcing decision is the inefficiencies in local production. The cost of production in the developed world is increasingly rapidly and, therefore, it is not possible for companies to achieve high level of efficiency. Local employees have to be provided with employee benefits and a range of other facilities. Local employees can also not work for longer shifts continuously. It has also become difficult to increase productivity in a short span of time without sacrificing money while working with local workforce. This is why local production has become inefficient and this is one of the most important causes of outsourcing to foreign manufacturers. Production is also not very flexible locally which is why it takes a lot of time to respond to market changes (Duhigg & Bradsher, 2012). Specialized manufacturing companies can do this in a lot less time than local companies. Changing production outcomes and redesigning the process is a time consuming process and, therefore, it reduces the flexibility of our company. In today’s competitive business environment, it is essential that firms respond to market changes and customer demand in a very short

To what extent do you agree with free market economies being more Essay - 2

To what extent do you agree with free market economies being more effective than a mixed economy - Essay Example they are free to decide on what to produce and purchase in the market respectively. In the free market economy, also known as the laissez-faire economy, the producers decide on what to produce as per the market demand and prices. In the latter, the government plays a very limited role in terms of deciding what is to be produced. In this case, the government has little or no command to direct on what goods and/or services are to be produced. However, in a command economy, the government has high command and control over dictating what types of goods and services are to be produced for the market, and the amounts to be produced. On the other hand, the mixed economy is likely to be characterised by conflict since the economy is controlled by both the market forces and the government in terms of determining the types of goods and services to be produced. The mixed market economy is based on decision making by individuals and businesses for the private sector, and government decisions and regulation for the public sector (Anderton, 2012). Free market economies are likely to be more effective due to the dynamics in the market decision making, i.e. the consumers dictate what is to be produced in terms of consumption demand in goods and services. The producers will choose the best cost-effective method of production for higher profit, and firms produce goods and services in terms of consumer demands and tastes, i.e. they produce goods and services which consumers are willing and able to purchase. The free market is effective due to the existence of healthy competition that allows for opportunities for profit making for firms and businesses, and at the same time ensures consumer satisfaction. The free market responds quickly to consumer demands, where goods and services are produced and delivered with due regard to demand. The mixed economy is likely to be characterised by conflict due to override of authority, by either the government or individuals and businesses, in the determination of the allocation of goods and services. In the mixed economy, the government influences the market through taxation rates and setting laws to regulate the market economy. Additionally, the government provides basic services for communities, such as healthcare, education and policing, and hence hinders the investment in these sectors by individuals in the private sector. However, the government plays a critical role in regulating business and market standards for the facilitation of healthy competition in the private sector and consumer satisfaction. The government is also effective in controlling the consumption of harmful goods through illegality declaration or high taxing (Gillespie, 2012). In the mixed economy, the government easily influences the aggregate market demand in its attempts to manipulate its budget deficits or surplus, known as the fiscal policy, for the realisation of economic goals (Rodrik, 2011). The free market economy is more effective, for it creates opportunities for innovation and welfare improvement in both the individual and public interests, where individuals are allowed to make independent decisions that affect their own wellbeing (Rodrik, 2011). Individual consumers have the capability to make institutional arrangements for the enhancement of suitable interaction

Turkle and Belkin on Human Suffering Essay Example | Topics and Well Written Essays - 1500 words

Turkle and Belkin on Human Suffering - Essay Example People get strange experience when they are favored, but they would criticize the event when it is not in their favor. When my sibling is to act as a source of cure to my problem, I would be positive towards the decision: â€Å"In the case of technological advance, for instance, when parents opt for test tube babies, medicine had achieved the level of creating children conceived in-vitro; later it turned out that their child could be a possible donor, this was a surprise and incurred a lot of criticism as they did not believe that human being would be born just to be used as a spare part† (Belkin 04). Ethically, saving life is far better and should not be termed as using a human being as a spare part. As a donor, you may assist to restore life for someone who had lost hope completely. However, with the technological advancement, assisting through donation has negligible effects on the donor due to the high technology involved in carrying out the procedure. Despite criticism fr om other organizations and scientists, it is not ethical for them. Belkin reiterated that it is human to do everything to save lives through donation; hence, the donation of embryo parts was not prejudiced as malpractice despite the ethical aspects involved (Belkin 06). Just as a scientific laboratory researchers struggled through hurricane with risk for their lives aiming at saving lives of other people, the story of Henry and Molly became a successful breakthrough in the scientific view of life that can continue without medical services and assistance. According to the article, the young girl underwent a lot of tribulations, for instance, having unbalanced limbs, being deaf on one ear, and also having malfunctions in the heart (Belkin 07). Due to the doctor’s observation, she was whisked from her parents, Lisa and Jack. However, just the couple went through hard times, Laurie and Allen also faced tough times as they struggled to salvage lives at their early 30’s. The y managed to get good medical support from doctors through the use of computers; Laurie was employed by nonprofit making organization, while Allen worked with computers. Through the expertise that Allen had, they managed to find a doctor online who could help with the issues of their illnesses (Belkin 10). Technology is used both for leisure and curative, for instance, as Belkin states, a lot of research was carried out through technology to salvage life, especially to cure long term illnesses that could only be managed with stop-gap solutions, so that the patient lives longer. We get informed by Belkin that â€Å"by 1982 patients suffering from Franconia are likely to survive on provision of lower dose of chemotherapeutic drug referred to as Cytoxan†. However, many women, described in the article, resorted to abortion in case the children were not healthy; this follows numerous cases of sickness from complicated diseases. To some extent, â€Å"they were getting older as the ir children got sicker as time continued running† (Belkin 104). However, the article states that the younger the patient is during organ transplantation, the better the chances of survival. As in the case of a child, most of the body parts are still under construction and development, hence, they have high chances of survival during and after operations. This is essential to the children whose transplant cases were diagnosed at an early age. In addition, the article