The Election of 1800

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

2. Federalist Candidates: John Adams and Charles C. Pinckney

3. 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!

4. Could John Adams have won the Election?

5. 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!

6. 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

7. So what? • The messed up election pointed out the need for a Constitutional amendment regarding the Presidential election process.

8. The U.S. Constitution gets a new amendment • 12th amendment • Added in 1803 • Created 2 ballots for presidential elections: • 1 for POTUS • 1 for VPOTUS • That way there can never be a tie again….we hope.

9. What will happen now? • 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.

10. Do Now: • Read excerpt about the Marburyv. Madison case

11. Issues with the Courts • 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 Court • Ruling became a precedent—an example for future court cases

12. Result of case • With Marburyv. 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.