Nevertheless, the election of 1800 clearly heightened political polarization, and with it the politicization of the judiciary. When Jefferson and the Republicans took control of the presidency and Congress in March 1801, they quickly moved to undo the Federalists’ judicial reforms. On March 8, 1802, the Judiciary Act of 1801 was repealed. The new Act, known as the Judiciary Act of 1802, revoked the grant of general federal question jurisdiction, abolished the new circuit judgeships, and reinstated the Supreme Court Justices’ circuit-riding duties.[28] The 1802 Act also retained the enlarged number of circuits (six) but reversed the planned reduction of the number of seats on the Court, bringing it back to six. For the third time in a dozen years, the Founders adjusted the number of Justices on the Supreme Court. Consequently, after 1802, the number of circuits matched the number of Justices, and the Justices continued to ride circuit.
The 1802 repeal of the 1801 Judiciary Act further inflamed debate surrounding the federal courts. All sides accused the others of using the judiciary for political gain. Jefferson charged the Federalists with having “retired into the Judiciary as a strong hold” in order to entrench themselves in the face of electoral losses.[29] Alexander Hamilton, influential among Federalists even though out of office, warned that “if the bill for the repeal passed, and the independence of the Judiciary was destroyed,” the nation would before long “be divided into separate confederacies, turning our arms against each other.”[30]
The substance as well as the structure of federal judicial power was deeply contested during the early national period. One of Adams’s most lasting achievements as President was his appointment of John Marshall as Chief Justice in January 1801. During Marshall’s thirty-four-year tenure as Chief Justice, the Court became stronger as an institution, claimed the power to interpret the Constitution, and asserted with increasing force a particular vision of the United States as a union rather than a confederation. Under Chief Justice Marshall’s leadership, the Court positioned itself as an arbiter of the constitutional order.
In the early months of 1803, the Marshall Court issued two important rulings on key constitutional issues. In both cases, Marbury v. Madison and Stuart v. Laird, the Court demonstrated a notable ability to claim power while also appearing to limit that power. Both cases were also deeply political, having arisen out of the election of 1800, and both had been delayed when the Jeffersonian Congress postponed the Court’s 1802 term.
In Marbury v. Madison, the Court held that it lacked the authority to order Secretary of State James Madison to issue a commission to William Marbury for a position as justice of the peace, even though Marbury clearly had a right to the commission, and the remedy he
