By Shane Mountjoy
ISBN-10: 0791092402
ISBN-13: 9780791092408
ISBN-10: 1438103379
ISBN-13: 9781438103372
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Extra resources for Marbury V. Madison (Great Supreme Court Decisions)
Example text
When Adams told his secretary of state of his intentions to name him the next chief justice, Marshall was “pleased . . ”20 Adams sent the nomination to the Senate on January 20, the same day that the House passed the Judiciary Act of 1801. Historian David McCullough claimed that “Adams’s appointment of Marshall was second 44 Marbury v. Madison Founding father John Jay served as president of the Continental Congress, coauthored the Federalist Papers, and was the first Chief Justice of the United States.
This man, William Cushing, was a loyal Federalist and seemed to be the ideal candidate—except for one thing: his health. The 68-year-old Cushing often missed participating in cases on the court. Thus, while Adams waited for Jay’s Chief Justice John Marshall 43 response, he wrestled with the odds that a Chief Justice Cushing might die or end up retiring early. Such a turn of events would defeat the whole purpose of Adams’s effort to stack the courts with Federalist judges before Jefferson took office.
The recently passed Judiciary Act created several new judgeships. Sixteen of these justices were for the newly created six circuit courts, double the number that existed before 1801. The 1801 act also reorganized the federal district courts by creating ten additional district courts. In most cases, the existing district judges still presided over the new courts; however, some new judges were needed because the law created two new districts, one of which included the nation’s capital. In addition, the 1801 law created a large number of justice of the peace positions.