The document discusses issues with the judiciary during the transition from the Adams to Jefferson administrations. It describes how Adams appointed many last-minute Federalist judges before leaving office. When Jefferson took office, he sought to undo these appointments. One such appointment was of William Marbury as justice of the peace, which Jefferson refused to honor. This led to the Supreme Court case Marbury v. Madison, where the Court established the doctrine of judicial review by ruling Jefferson's refusal to deliver the commissions as unconstitutional.

1. Issues with the Judiciary
• John Adams was concerned about the government
becoming completely Democratic-Republican, so he
passed the Judiciary Act of 1801, which created many
new courts and judicial jobs and he appointed dozens
of Federalist judges, called Midnight Judges to circuit
courts at the end of his term from December 1800 to
March 1801 to make the judiciary have a Federalist
majority.
• Thomas Jefferson feared that Republican ideas would
be “beat down” with a Federalist run judiciary
• Once in office in 1801, Jefferson set out to rescind the
Judiciary Act of 1801 which allowed the appointment
of the last minute Midnight Judges

2. Lead Up to Marbury Vs. Madison
• The commissions of judicial workers were signed by John
Adams and sealed by the Secretary of State John Marshall
(who later became Chief Justice of the Supreme Court), but
they were not delivered before the Adam’s presidential
term ended.
• Thomas Jefferson claimed that the commissions were
invalid because they had not been delivered by the end of
Adam’s term and he refused to honor the commissions
• One of these appointments was William Marbury as the
justice of the peace in the District of Columbia. Jefferson's
Secretary of State, James Madison was given the job to
approve the decision of Marbury for justice of peace.
• The offer was shot down which resulted in the suing of
Madison by Marbury

3. Marbury vs. Madison
• Marbury declared Madison’s disapproval of his
commission as unconstitutional
• Madison argued that he was not guilty to the
charges, and that his decision of not approving the new
role for Marbury as the justice of peace was
constitutional and not based on his own bias opinion
• The Supreme Court agreed with Marbury and it was
the first time that the SC declared something as
“unconstitutional”
• Started the Supreme Court process of Judicial Review
• Helped exemplify the US system of “Checks and
Balances”