The Election of 1800Democratic-Republican Candidates: Thomas Jefferson and Aaron Burr

Federalist Candidates: John Adams and Charles C.

Pinckney

Adams would have won re-election, perhaps easily, had Alexander Hamilton not split the Federalist Party Remember, many Federalists are not happy that Adams

did not serve in the interest of the party!

Could John Adams have won the Election?

Election of 1800 Breakdown• Thomas Jefferson - 73 electoral votes• Aaron Burr - 73 electoral votes• John Adams - 65 electoral votes

• Problem:– If there is a tie for 1st, who wins?

• Who becomes VPOTUS?

• It goes to the House of Representatives to pick from the top 2 candidates!

Instead, the Democratic-Republicans won the election

Both winning candidates, Jefferson and Burr, received 73 electoral votes

Election was settled in the House of Representatives after 35 votes

Hamilton swings the election to Jefferson and angers Burr

The messed up election pointed out the need for a Constitutional amendment regarding the Presidential election process.

So what?

The U.S. Constitution gets a new amendment12th amendment

Added in 1803Created 2 ballots for

presidential elections:

1 for POTUS1 for VPOTUS

That way there can never be a tie again….we hope.

Federalists fear what Jefferson will say—will he start a new revolution?

Jefferson, surprisingly, calls for unity—he states “We are all Republicans, we are all Federalists.”

Jefferson DOES NOT propose to change or destroy the structure of the federal government.

What will happen now?

Read excerpt about the Marbury v. Madison case

Do Now:

Marbury vs. Madison: Does William Marbury, one of John Adams’ last minute “midnight judges,” receive his commission to be judge or not?

Jefferson had James Madison refuse to give the commission to Marbury

Issue went before the Supreme CourtRuling became a precedent—an example for

future court cases

Issues with the Courts

With Marbury v. Madison, the Supreme Court established the concept of “Judicial Review” of laws

Judicial Review means that the Court may decide if a law is constitutional or not.

If a law is judged to be unconstitutional, or goes against the U.S. Constitution, then the law ceases to be a law.

Result of case