Pod Save our History

The Rise of the Supreme Court - Part 3


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The Presidential election in the fall of 1800 marked a pivotal moment for the United States of America as a new nation. It marked the first time in American history that the political factions which controlled the Congress and the Presidency were set to change hands -- from the Federalists to the Democratic-Republicans. Some have dubbed this moment, when one party willingly turned over control of the government to another party, as a quiet revolution. But was it really a quiet revolution?

In the time between the election of 1800 and the inauguration of the new president Thomas Jefferson in March of 1801, the outgoing Federalists filled the court system with Federalist judges and other appointees as a way of resisting or diminishing the political power of the Democratic-Republicans. These judges were known as the "Midnight Judges".

When President Jefferson and James Madison attempted to stop four of those late nominations it led to a confrontation between the Jefferson administration and the then inconsequential Supreme Court through the Marbury v. Madison case.

What resulted was a revolution of the judiciary branch which took one large step towards becoming the most powerful branch of the US government.

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Pod Save our HistoryBy Jonathan Di Carlo