REFORM OF THE COURTS

When Jefferson was inaugurated in 1801, virtually every justice in the court system was a Federalist, since they had all been appointed by either Washington or Adams. Several weeks before Jefferson took office, Congress passed the Judiciary Act, creating a large number of new federal courts. In a series of “midnight appointments” made just hours before he left office, Adams appointed Federalists to all of these positions.

Jefferson’s Republican allies in the Congress repealed the Judiciary Act almost immediately and also impeached two Federalists judges. John Marshall was a Federalist who had been appointed Chief Justice of the Supreme Court by Adams and continued in office during Jefferson’s presidency and beyond. Marshall served as Chief Justice from 1801 to 1835 and served to dramatically improve the prestige and the functioning of the federal court system.

Marshall also dramatically increased the power of the Supreme Court itself in the 1803 Marbury v. Madison decision. John Adams had appointed John Marbury to be justice of the peace for the District of Columbia in one of his final appointments before leaving office. James Madison, secretary of state under Jefferson, refused to issue the appointment letter signed by Adams. Marbury sued, demanding that the Supreme Court force Madison to release the appointment letter.

Marshall ruled that the Supreme Court did not have the power to force Madison to act. However, the ruling also stated that the Supreme Court did have the right to judge the constitutionality of federal laws and decisions. This began the principal of judicial review, making the judiciary an equal branch in every way with the executive and legislative branches.