Midnight Judges Act

The Midnight Judges Act (also known as the Judiciary Act of 1801; , and officially An act to provide for the more convenient organization of the Courts of the United States) expanded the federal judiciary of the United States. The act was supported by the John Adams administration and the Federalist Party.

Proponents of the act argued that the current judicial structure required too much work from justices of the U.S. Supreme Court. The existing system required the justices to "ride circuit" to inferior appellate courts, in an era of slow and costly travel. The new act replaced the requirement with additional appellate court justices.

Opponents of the act argued that there was no need to expand the federal judiciary; that the judicial appointments were intended to cement Federalist Party control of the judiciary; and that appointments were rushed (hence they were stigmatized as "midnight appointments"). and then partially replaced in the Judiciary Act of 1802.

Background

In part, the act represented an effort to solve a recurrent concern about the workload of U.S. Supreme Court justices. Since the establishment of the Supreme Court in 1789, justices were required to "ride circuit" and reiterate decisions made in the appellate level courts.

With the Federalists split, the election results favored the Democratic-Republican Party. Democratic-Republicans won control of the Senate, The House of Representatives, dominated by Hamilton's wing of the Federalist party, eventually decided the presidential election in favor of Democratic-Republican Thomas Jefferson, rather than Adams-aligned Aaron Burr. Federalists openly panicked that the new Democratic-Republican administration might destroy the still-fragile constitutional order.

Nevertheless, Jefferson would not be inaugurated until March 4, 1801.

Effect on judicial divisions and authority

The act became law on February 13, 1801 and reduced the number of seats on the Supreme Court from 6 to 5, effective upon the next vacancy in the court. No such vacancy occurred during the brief period the act was in effect, so the size of the court remained unchanged; but if it had, the act would have deprived Jefferson of the chance to nominate a replacement.

The act also created 16 new judgeships that John Adams rapidly began to fill in the last weeks of his presidency. These judges came to be known as the "Midnight Judges" (see ).

The act reorganized the circuit courts, doubling them in number from three to six, and created three new circuit judgeships for each circuit (except the sixth, which received only one circuit judge). In addition to creating new lifetime posts for Federal judges, the circuit judgeships were intended to relieve the Justices of the Supreme Court from the hardships of riding circuit (that is, sitting as judges on the circuit courts).

The act also reorganized the district courts, creating ten. These courts were to be presided over by the existing district judges in most cases. In addition to subdividing several of the existing district courts, it created the District of Ohio which covered the Northwest and Indiana Territories, and the District of Potomac from the District of Columbia and pieces of Maryland and Virginia, which was the first time a federal judicial district crossed state lines. However, the district courts for Kentucky and Tennessee were abolished, and their judges reassigned to the circuit courts.

In addition, it gave the circuit courts jurisdiction to hear "all cases in law or equity, arising under the constitution and laws of the United States, and treaties made, or which shall be made, under their authority." This form of jurisdiction, now known as federal question jurisdiction, had not previously been granted to the federal courts.

The Midnight Judges

In the 19 days between passage of this act and the conclusion of his administration, President Adams quickly filled as many of the newly created circuit judgeships as possible. The new judges were known as the Midnight Judges because Adams was said to be signing their appointments at midnight prior to President Thomas Jefferson's inauguration. The famous Supreme Court case of Marbury v. Madison involved one of these "midnight" appointments, although it was an appointment of a justice of the peace for the District of Columbia—which was authorized under a different Act of Congress, not the Judiciary Act.

Marbury v. Madison

The implications of Adams's actions in appointing Federalists to the Supreme Court and the federal courts, led to one of the most important decisions in American judicial history. Marbury v. Madison solidified the United States' system of checks and balances and gave the judicial branch equal power with the executive and legislative branches.

Jefferson responded to the attack by suggesting to his supporters in the U.S. House of Representatives that Chase be impeached, asking, "Ought the seditious and official attack on the principles of our Constitution ... to go unpunished?" The House took Jefferson's suggestion, impeaching Chase in 1804. He was acquitted by the Senate of all charges in March 1805, with Vice President Aaron Burr presiding.

Midnight Judges Act

Background

Effect on judicial divisions and authority

The Midnight Judges

Marbury v. Madison

See also

References

Further reading