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The First Party System
The rise of political parties created competition in the election of 1796.
Political parties began to form in the 1790s.
2. Foreign Challenge: The XYZ Affair
2. Foreign Challenge: The XYZ Affair
An early goal of Adams was to improve relations with France
U.S. diplomats were sent to France.
The French foreign minister, Talleyrand, would not meet them.
Three French agents secretly demanded a bribe before they would discuss a treaty with the Americans.
The so-called XYZ Affair outraged Americans and led to a call for war with France.
They would pay “millions for defense, but not one cent for tribute.”
3. Domestic Challenge: Alien and Sedition Acts
3. Domestic Challenge: Alien and Sedition Acts
Democratic-Republicans criticized President John Adams in their party newspapers.
Angry about the insults, Federalists passed the Alien & Sedition Acts which were designed to
limit the growth of the Democratic-Republicans and
to silence its newspapers
Several newspaper publishers were even thrown in jail
Alien & Sedition Acts were four laws passed by the Federalist-controlled Congress to crush the Democratic-Republican opposition to war in 1798.
Naturalization Act: Increased the eligibility for citizenship from 5 to 14 years.
Alien Enemies Act: Gave the President the power to arrest or expel enemies in times of "declared war."
Alien Act: The President can expel all aliens deemed "dangerous to the peace and safety of the United States."
The Sedition Act: forbade anyone from publishing or voicing criticism of the federal government.
4. Response to the Alien & Sedition Acts
4. Response to the Alien & Sedition Acts
Democratic-Republicans claimed the Alien & Sedition Acts was an attack on their First Amendment rights (freedom of speech & the press) and said it gave the national government too much power.
Democratic-Republicans wrote the Virginia and Kentucky Resolutions which argued that states had the right to cancel any act of Congress that they found to be unconstitutional such as the Alien & Sedition Acts.
Jefferson and Madison wrote resolutions stating that the Alien and Sedition Acts were unconstitutional.
Argued that states had the right to cancel any act of Congress that they found to be unconstitutional such as the Alien & Sedition Acts.
These resolutions became a foundation of the states’ rights doctrine.
They supported the idea that states could challenge the federal government.
What was the significance? CLICK HERE
5. The Election of 1800
5. The Election of 1800
Federalists John Adams and Charles C. Pinckney ran against Democratic-Republicans Thomas Jefferson and Aaron Burr.
Jefferson and Burr tied, with 73 electoral votes each.
The House of Representatives broke the tie by selecting Jefferson to be president; Burr became vice president.
The tie led to the passage of the Twelfth Amendment, which provided for a separate ballot for president and vice president in the next election.
6. Marbury v. Madison
6. Marbury v. Madison
When Jefferson (Republican) defeats Adams (Federalist) in the Election of 1800, the Federalists want to keep power so they passed the Judiciary Act 1801
increased the number of federal judges
On his last day, Adams used this act to appoint 16 new circuit judges and 42 new justices of the peace (all Federalists). The appointees were approved by the Senate, but they would not be valid until their commissions were delivered by the Secretary of State, James Madison
Jefferson becomes President the next day but some of Adams’ judges have not yet received their official forms. Jefferson says they cannot be judges
Marbury v. Madison
Jefferson orders Madison not to give out the papers to the judges.
William Marbury is one of the judges affected by Jefferson’s decision and demands that the Supreme Court examine the case and force the executive branch to hand out papers (writ of mandamus)
Marbury argues: the Judiciary Act gives the Supreme Court the right to force his commission to be delivered.
John Marshall, the chief justice and a Federalist, agrees that Marbury was entitled to the commission; however, they have to look at the constitutionality of Judiciary Act of 1801.
Marshall (and the court) decides unanimously that forcing the government to make Marbury a judge would be unconstitutional.
This ruling established Judicial Review (the Supreme Court’s power to declare an act of Congress unconstitutional).
Made the Judicial Branch a much stronger branch of government.
Principles of the Constitution
Principles of the Constitution
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