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Fourteen of the sixteen circuit court judges appointed by Adams were to positions created at the end of his tenure in office, in the Judiciary Act of 1801, 2 Stat. 89, which became known as the Midnight Judges Act. All of these offices were abolished by the repeal of this Act on July 1, 1802, by 2 Stat. 132.
The Midnight Judges Act (also known as the Judiciary Act of 1801; 2 Stat. 89, and officially An act to provide for the more convenient organization of the Courts of the United States) expanded the federal judiciary of the United States. [1] The act was supported by the John Adams administration and the Federalist Party. [1]
Marshall took office during the final months of John Adams's presidency. His appointment entrenched Federalist power within the judiciary. The Judiciary Act of 1801 also established several new court positions that were filled by President Adams, but the act was largely repealed after the Democratic-Republicans took control of the government in the 1800 elections.
5 U.S. 1 (1801) Marine salvage rights in time of war Marbury v. Madison: 5 U.S. 137 (1803) judicial review of laws enacted by the United States Congress: Stuart v. Laird: 5 U.S. 299 (1803) enforceability of rulings issued by judges who have since been removed from office Murray v. The Charming Betsey: 6 U.S. 64 (1804)
The Act restructured the circuit courts into six circuits, and assigned one Supreme Court justice to each circuit. Unlike the 1801 Act, no new circuit judgeships were created, so the justices were faced with having to return to the practice of "riding circuit" to hold court in each district within their circuit, along with the local district judge, during the majority of the year.
And the Great Chief Justice, John Marshall—not single-handed, but first and foremost—was there to do it and did. If any social process can be said to have been 'done' at a given time, and by a given act, it is Marshall's achievement. The time was 1803; the act was the decision in the case of Marbury v. Madison. [57]
Certificates of division could only be issued in criminal cases heard by a two-judge panel consisting of a United States district court judge and a Supreme Court justice riding circuit (the district judge or the circuit rider could also hear cases alone).
Stuart v. Laird, 5 U.S. (1 Cranch) 299 (1803), was a case decided by United States Supreme Court notably a week after its famous decision in Marbury v. Madison.. Stuart dealt with a judgment of a circuit judge whose position had been abolished by the repeal of the Judiciary Act of 1801.