The Handy American History Answer Book. David L. Hudson

      Chief Justice John Marshall is still considered the greatest justice to lead the U.S. Supreme Court in all of American history. He served on the bench from 1801 to 1835.

      Unfortunately, Marshall did not have time to deliver all the commissions before the new Jefferson Administration took over the White House. Seventeen justices of the peace, including William Marbury, did not receive their commissions before Jefferson assumed office. Marbury sued Jefferson’s secretary of state, James Madison (our future fourth president), asking the Court to issue a writ of mandamus forcing Madison to deliver Marbury his commission.

      What did the Court rule in Marbury v. Madison?

      Chief Justice John Marshall, who seemingly had a bit of a conflict of interest, wrote the opinion for the Court. He noted that Marbury was entitled to his commission, as he had been appointed by the president, confirmed by the Senate, and otherwise qualified for the position. The Court also determined that Madison wrongfully withheld Marbury’s commission from him.

      However, Marshall also ruled that Marbury’s suit must fail because Section 13 of the Judiciary Act of 1789, which authorized the Court to issue writs of mandamus, was unconstitutional. Marshall reasoned that Section 13 conflicted with Article III of the U.S. Constitution, which provided that the Supreme Court had only appellate jurisdiction (not original jurisdiction) over Marbury’s case. In other words, Marshall reasoned that Section 13 was unconstitutional, because it attempted to confer original jurisdiction to litigants such as Marbury, but the Constitution provided that the Court had only appellate jurisdiction, meaning the suit had to be filed in the lower courts. Marshall explained that “the jurisdiction had to be appellate, not original.”

      Marshall explained that the Supreme Court had the power of judicial review—the ability to determine the constitutionality or unconstitutionality of laws. He famously wrote that “it is emphatically the province and duty of the judicial department to say what the law is.”

      What happened to William Marbury?

      Marbury never became a justice of the peace, although he did become a prominent and successful banker in Washington, D.C.

CONGRESS

      When did the House of Representatives first meet?

      The U.S. House of Representatives first met on March 4, 1789, but it could not perform any real work until April 1, 1789, when it achieved a quorum.

      What are the exclusive powers of the House of Representatives?

      The exclusive powers of the House of Representatives are to impeach public officials (they are tried in the Senate), to initiate revenue legislation, and to elect the president of the United States if there is no victor from the electoral college vote.

      What are the qualifications for a person to serve in the House?

      To serve in the House, a person must be at least twenty-five years of age, be a citizen of the United States for at least seven years, and reside in the state they represent at the time of the election.

      What is the Speaker of the House?

      The Speaker of the House is the presiding officer of the House of Representatives. The Constitution, Article I, Section 2, Clause 5 provides: “The House of Representatives shall chuse [sic] their Speaker and other Officers and shall have the sole Power of Impeachment.”

      The House of Representatives elects its speaker at the beginning of each Congress.

      Who was the first Speaker of the House?

      The first Speaker of the House was Frederick Muhlenberg (1750–1801), a member of the Federalist Party from Pennsylvania. Muhlenberg was a minister who served two terms as Speaker of the House—from 1789 to 1791 and 1793 to 1795. His brother, John Peter Gabriel Muhlenberg (1746–1807), also served in the House at the same time. John Peter served the same two terms as did Frederick, as well as an additional term from 1799–1801. John Peter also later served in the U.S. Senate in 1801.

      When did the Senate first meet?

      The United States Senate met for the first time in New York City on March 4, 1789. However, there was not a quorum until April.

      Where did the Senate move?

      The Senate moved from New York City to Philadelphia, Pennsylvania, on December 6, 1790. It remained in Philadelphia for about a decade before moving to its present location—Washington, D.C.

      How are senators elected?

      Senators used to be elected by state legislatures. However, in 1913 the Seventeenth Amendment became law. This constitutional amendment provided that senators would be elected directly by popular vote. It provided, in part: “The Senate of the United States shall be composed of two Senators from each State, elected by the People thereof, for six years; and each Senator shall have one vote.”

      Frederick Muhlenberg was the first Speaker of the House.

      What are the qualifications for a person to serve in the Senate?

      A person must be at least thirty years of age, be a citizen of the United States for nine years, and reside in the state for which they are elected to serve.

      What original members of the Senate later served on the U.S. Supreme Court?

      Oliver Ellsworth (1745–1807) and William Paterson (1745–1806) were members of the first U.S. Senate. Ellsworth served as senator for his home state of Connecticut from 1789 until 1796, when he was nominated by President George Washington to serve as chief justice of the U.S. Supreme Court. Paterson served as senator for his home state of New Jersey. He was not a senator for very long, as he served from March 1789 until November 1790 before becoming governor of New Jersey. He later served as an associate justice on the U.S. Supreme Court, beginning in 1793.

PRESIDENTIAL ELECTIONS AND PRESIDENTS

      What complication resulted from the election of 1800?

      The problem in the election of 1800 was that Thomas Jefferson received the same number of votes as his presumed vice-presidential candidate, Aaron Burr. Both Jefferson and Burr received seventy-three votes. Because each received the same number of votes, the U.S. House of Representatives voted to determine who would serve as president. This problem led to the relatively quick passage of the Twelfth Amendment in 1804.

      However, it took thirty-six ballots for the U.S. House of Representatives to break the electoral vote tie and resolve the controversy. The rules required the winner to receive an electoral margin in nine of the then existing sixteen states. In the first thirty-five ballots, Jefferson won eight states—one short of the necessary nine. Finally, on the thirty-sixth ballot, Maryland and Vermont shifted their support to Jefferson.

      What was America’s involvement in the Barbary War?

      Thomas Jefferson became the first president to send soldiers to fight on foreign soil when he sent troops to engage Tripoli, Libya, which had declared war on the United States. In the First Barbary War (1801–1805), America faced the so-called Barbary States, which included the Sultanate of Morocco and the Regencies of Algiers, Tunis, and Tripoli. Tripoli managed to capture the USS Philadelphia during the conflict, but a Marine unit secured the vessel and burned it, preventing its use by the enemy. Marines later defeated Tripoli forces in the city of Derna, Libya.

      Which former political foe actively lobbied for Jefferson and against Burr?

      Alexander