Marbury vs. Madison – Overview
1. Jeffersonian National Vision - March 1801
a. Jefferson:
i. Lawyer, Amateur scientist
ii. Farmer (i.e. plantation owner)
iii. Despised cities and factories:
1. studied Greed/Roman descent into despotism when cities developed
2. witnessed poverty in Paris and London
iv. encouraged an agrarian society
v. encouraged expansion
vi. TJ’s vision excluded women, blacks, natives
2. Jeffersonian Economic Vision –
a. Undo the centralization of national government (i.e. done by Federalists)
b. Regretted “dinner table bargain” which allowed Hamilton (nat’l government) to absorb the state
debts (b/c led to stronger nat’l government)
c. To pay off debt – Albert Gallatin (sec. of treasury) cut spending:
i. Military (esp. navy – funded army b/c of its importance in expanding onto native land)
ii. Federal employees
3. Control of Government in 1801
a. Congress – Democrat-Republican
b. President – Democrat-Republican (Jefferson)
c. Supreme Court (and lower federal judgeships) – extremely Federalist
i. Judiciary Act of 1801 (allowed lame duck John Adams to pack the court w/ Federalists)
 Created 16 new circuit court judges
 Lowered the # of Supreme Court justices form 6 to 5 (to prevent a Jefferson
appointee)
 Oliver Ellsworth retired as Chief Justice and Adams (lame duck) appoints John
Marshall
 Known as “midnight appointments”
4. Judiciary Act of 1802
a. Repeal the 1801 Judiciary Act
i. Do away with the midnight judges
ii. Restore the # of justices to 6
iii. Won by 1 vote in Senate
5. Jefferson targets Federalist judges who had jobs before Judiciary Act of 1801 (impeachment):
a. Federal district judge – New Hampshire – John Pickering
i. Alcoholic, mental problems
ii. Removed March 1804
b. Associate Justice Samuel Chase - Supreme Court
i. Signatory of Declaration of Independence
ii. House could not get necessary 2/3 vote in the Senate to convict
iii. Returned to bench with a vengeance
6. John Marshall
a. Federalist
b. Lame duck appointee
c. Cousins with Jefferson – they DESPISED each other
d. EXTREMELY talented debater – Jefferson once said “you must never give him an answer…or you will be
forced to grant his conclusion. Why if he were to ask me if it were daylight or not, I’d reply, “I don’t
know, I can’t tell.
7. Marbury vs. Madison 1803
a. William Marbury – named a federal judge in a district court in DC by Adams
b. Marbury’s letter of appointment had not been delivered to him before Adams left office
i. Upon Jefferson’s inauguration, Secretary of State James Madison refused to deliver it
c. Marbury hired a lawyer, went to the Supreme Court – and attempted to compel Madison to deliver it
d. DECISION BY JOHN MARSHALL:
i. Marbury had a right to this letter, and the Jefferson was wrong in delivering it
ii. BUT – the Supreme Court had not authority to order Madison to deliver the letter
1. Because the Judiciary Act of 1789 (which granted the Supreme Court that power) had
granted the Supreme Court a power which was unconstitutional
e. It appeared that Jefferson and Madison had won – they didn’t have to deliver the letter
i. But on a deeper level – the court gave up a very minor power to gain a much greater
one…………………………declaring an act of Congress to be unconstitutional (JUDICIAL REVIEW!!!!!)
8. Louisiana Purchase:
a. White settlers pushing westward
b. TJ believed that Lou. Territory would eventually be part of US
c. Thought to be a natural extension of US
d. Critical region in defending country vs. natives (expansion of frontier)
e. Valuable source of raw materials (fur trade)
f. Area where natives could be removed to (ahead of white settlement)
g. Expand TJ’s vision of agrarian culture
i. French ceded Lou. Terr. To Spain in 1763 following Fr/Ind War.
ii. TJ content to wait for weak Spain to give it up
iii. May 1801 – Spain secretly ceded it back to France
1. More alarming b/c Napoleon had taken control of France (much stronger and wanted to
re-assert a French empire in New World)
iv. Fall 1802 – France closed New Orleans to US commerce
v. Outraged westerners called for war
vi. TJ sent Robert Livingston (US ambassador to France) and James Monroe (gov. of VA) to attempt
to buy New Orleans.
vii. Fr. Sold entire Lou. Terr. Instead (15 million)
1. Haiti led a slave revolt and expelled France (1862)
a. Slaves supported by Federalists during Adams terms
b. TJ stopped support b/c it represented a slave revolt and would lead to 1st
black led nation in West, and might provoke a spirit of slave rebellion in US
c. US did not recognize Haiti until 1862
viii. Land purchased w/o a Constitutional Amendment to allow President to purchase land (1803)
1. TJ – STRICT INTERPRETAIONIST – Constitution should be interpreted strictly to limit
power of Nat’l gov.
2. Justified purchase by presenting the “treaty” to Congress for approval
3. Increased power of Pres. And Nat’l gov.
a. Controlled new territory
b. Increased federal spending