The
Midnight Judges Act (also known as the
Judiciary Act of 1801; ) represented an effort to solve an issue in the
U.S. Supreme CourtThe Supreme Court of the United States is the highest judicial body in the United States, and leads the federal judiciary. It consists of the Chief Justice of the United States and eight Associate Justices, who are nominated by the President and confirmed with the "advice and consent" of the Senate...
during the late 18th century. There was concern, beginning in 1789, about the system that required the justices of the Supreme Court to “ride circuit” and reiterate decisions made in the appellate level courts. The Supreme Court justices often took advantage of opportunities to voice concern and to suggest that the judges of the Supreme and circuit courts be divided.
Effect on judicial divisions and authority
The Act 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.
It reorganized the
circuit courtsThe United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate...
, 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 Federalist 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 circuit judgeships were abolished in 1802, and the justices continued to ride circuit until 1869. One of the judges on the Supreme Court appointed by Adams was Chief Justice
John MarshallJohn Marshall was an American statesman and jurist who shaped American constitutional law and made the Supreme Court a center of power. Marshall was Chief Justice of the United States, serving from February 4, 1801, until his death in 1835...
.
It also reorganized the
district courtsThe 94 United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
, creating ten additional courts. 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 OhioThe District of Ohio was a federal judicial district of the United States created by the Federal Judiciary Act of 1801 which consisted of the Northwest and Indiana Territories...
which covered the
NorthwestThe Territory Northwest of the River Ohio, more commonly known as the Northwest Territory, was an organized incorporated territory of the United States that existed from July 13, 1787, until March 1, 1803, when the southeastern portion of the territory was admitted to the Union as the state of...
and
IndianaThe Territory of Indiana was an organized incorporated territory of the United States that existed from July 4, 1800, until November 7, 1816, when the southern portion of the territory was admitted to the Union as the State of Indiana....
Territories, and the District of Potomac from the District of Columbia and pieces of
MarylandMaryland is a state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia and the District of Columbia to the south and west, Pennsylvania to the north, and Delaware to the east. It is comparable in size to the European country of Belgium. According to the U.S...
and
VirginiaThe Commonwealth of Virginia is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" because it is the birthplace of eight U.S. presidents. The geography and climate of the state are shaped by the Blue...
, which was the first time a
federal judicial districtFor purposes of the federal judicial system, Congress has divided the United States into judicial districts. There is at least one district in each state, and many states are divided into more than one. Some districts are further divided into divisions, and some districts and some divisions have...
crossed state lines. However, the district courts for
KentuckyThe Commonwealth of Kentucky is a state located in the East Central United States of America. Kentucky is a Southern state situated in the Upland South, although the state is infrequently placed, geographically and culturally, in the Midwest. Kentucky is one of four U.S. states constituted as a...
and
TennesseeTennessee is a state located in the Southeastern United States. According to the 2008 census, it has a population of 6,214,888, an increase of nearly 9.5% since 2000. Tennessee is the 14th fastest growing state in the US and is ranked 17th by population. It is ranked 36th by total land area. In...
were abolished, and their judges reassigned to the circuit courts.
In addition, it gave the circuit courts
jurisdictionSubject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court has the authority to only hear bankruptcy cases....
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 jurisdictionFederal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject-matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution or law of the United...
, had not previously been granted to the federal courts.
The Midnight Judges
In the nineteen 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 JeffersonThomas Jefferson was the third President of the United States , the principal author of the Declaration of Independence , and one of the most influential Founding Fathers for his promotion of the ideals of republicanism in the United States...
's inauguration. (Actually, only three commissions were signed on his last day.) The famous Supreme Court case of
Marbury v. MadisonMarbury v. Madison, is a landmark case in United States law. It formed thebasis for the exercise of judicial review in the United States under Article III of the Constitution....
involved one of these "midnight" appointments, although it was an appointment to a judgeship of the District of Columbia, which was authorized under a different Act of Congress, not the Judiciary Act.
Attempts to solve this situation before and throughout the presidency of John Adams were overshadowed by more pressing foreign and domestic issues that occupied Congress during the early years of the nation’s development. None of those attempts to fix the situation facing the Supreme Court was successful until John Adams took control in 1797.
Faced with the Election of 1800, a watershed moment in American history that represented not only the struggle to correctly organize the foundation of the United States government but also the culmination of struggle between the waning Federalist Party and the rising Democratic-Republican Party, John Adams successfully reorganized the nation’s court system with the Judiciary Act of 1801. Adams was and is often attacked for undercutting the newly elected Democratic-Republican executive branch by creating more positions for Federalist judges. There are arguments supporting both Adams's sincerity in simply trying to create what the Supreme Court had supported for so long and Adams's efforts to fill the court with Federalists before he left office.
The Election of 1800
During the Election of 1800, there was an intense growth of partisan politics, the political party of the executive branch of government changed for the first time, and there was an unprecedented peaceful transition of the political orientation of the country’s leadership. The main issues in this election were taxes, the military, peace negotiations with France, and the
Alien and Sedition ActsThe Alien and Sedition Acts were four bills passed in 1798 by the Federalists in the 5th United States Congress, who were waging an undeclared naval war with France, later known as the Quasi-War. They were signed into law by President John Adams...
of 1798. The campaign leading up to this election and the election itself revealed sharp divisions within the Federalist Party.
Alexander HamiltonAlexander Hamilton was the first United States Secretary of the Treasury, a Founding Father, economist, and political philosopher...
and the extreme Federalists attacked Adams for his persistence for peace with France, his opposition to building an army, and his failure to enforce the Alien & Sedition Acts.
The results of this election favored Thomas Jefferson and Aaron Burr over John Adams, but both Jefferson and Burr got 73 electoral votes. Presented with a tie, the House of Representatives, which was dominated by Federalists and led by Alexander Hamilton, eventually decided the election in favor of Thomas Jefferson. Democratic-Republicans also won control of the legislative branch of government after the congressional elections.
Thomas Jefferson was inaugurated March 4, 1801 without the presence of President John Adams. Jefferson's inaugural address attempted to appease the Federalists by promising to maintain the strength of the federal government and to pay off the national debt. Jefferson spoke of dangerous “entangling alliances” with foreign countries as George Washington did, and made a plea for national unity claiming that “we are all Republicans and we are all Federalists.” After elected, Jefferson set out to rescind the Judiciary Act of 1801 and remove newly appointed Federalists.
Marbury v. Madison
The implications of Adams's actions in appointing Federalists to the Supreme Court led to one of the most important decisions in American judicial history.
Marbury v. MadisonMarbury v. Madison, is a landmark case in United States law. It formed thebasis for the exercise of judicial review in the United States under Article III of the Constitution....
solidified the United States' system of checks and balances and gave the judicial branch equal power with the executive and legislative branches.” This controversial case began with Adams’s appointment of Federalist
William MarburyWilliam Marbury was one of the famous "Midnight Judges". Due to President John Adams's work in the night before he was to leave office, Marbury was to be appointed a Justice of the Peace in the District of Columbia. He was appointed there to give the Federalists a stronghold in the judicial...
. When the newly appointed Secretary of State
James MadisonJames Madison was an American politician and political philosopher who served as the fourth President of the United States , and was one of the Founding Fathers of the United States....
refused to process Marbury’s selection, Marbury requested a writ of
mandamusA writ of mandamus or mandamus , or sometimes mandate, is the name of one of the prerogative writs in the common law, and is "issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly".Mandamus is a judicial remedy which...
, which would force Madison to make his appointment official.” Chief Justice
John MarshallJohn Marshall was an American statesman and jurist who shaped American constitutional law and made the Supreme Court a center of power. Marshall was Chief Justice of the United States, serving from February 4, 1801, until his death in 1835...
declared that the Supreme Court did not have the authority to force Madison to make the appointment official.” This statement actually challenged the Judiciary Act of 1789, which stated that the Supreme Court did, in fact, have the right to issue those writs. Marshall, therefore, ruled that that part of the
Judiciary Act of 1789The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...
was unconstitutional because the Constitution did not expressly grant this power to the judiciary.” In deciding the constitutionality of an act of Congress, Marshall established
judicial reviewJudicial review is the doctrine in democratic theory under which legislative and executive action is subject to invalidation by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority, such as the terms of a...
, the most significant development in the history of the Supreme Court.
Federal question jurisdiction
The repeal of the Judiciary Act also ended the brief period of comprehensive federal question jurisdiction. The federal courts would not receive such jurisdiction again until 1875.