so as you can see from the map here jefferson beat adams with 73 electoral college votes to adams's 65. without the three-fist compromise though giving extra votes to the south based on their enslaved population which of course could not vote adams would have won one boston newspaper observed that jefferson had written quote into the temple of liberty on the shoulders of slaves now for the first time democratic republicans want a majority in the senate a majority in the house and they have the presidency but there's a problem here in the constitution's article 2 section 1 it says that each elector in the electoral college had two votes one for president one for vice president adams and pinckney or jefferson and burr but of course they hadn't foreseen political parties the the electoral college wasn't set up with parties in mind so in order for it to work out where someone won the presidency and someone won the vice presidency that was of the same party one person had to not vote for vice president within that party and that way when jefferson received his 73 votes his vice president would get 72 and then adams would get 65 and his vice president would get 64. unfortunately somebody forgot to not cast their ballot which meant jefferson and burr both got 73 electoral votes in december so what happens when the electoral college ties well the tie goes to the house of representatives to decide who would be president and who would be vice president so anytime the electoral college can't decide the presidency outright it goes to the house at least it's supposed to now who is actually in the house of representatives those democratic republicans just won an election but that's in november and we're still talking about this in december trying to figure out who's going to be the president which means it's those lame duck federalists so a lame duck politician is someone who has lost re-election or they couldn't run because of a term limit or something and someone else has already been elected to that seat they're just in that you know three month period or so where they're still holding it before the new person takes over so if a president loses reelection in november then they'll be a lame duck until the new president is sworn in for example so lame duck federalists are in control of congress so they get to decide jefferson going to be president or is burr going to be president now jefferson and burr are both democratic republicans at this point federalists don't like either one of them but they really don't like jefferson so might it be fun to just give it to burr instead regardless of what people had actually voted for so many of the federalists backed by because they hated jefferson and the house actually deadlocked on this issue madison who was the governor of virginia at this point threatened to march his state's militia basically national guard today on the nation's capital if the house didn't select jefferson so there's a threat of kind of civil insurrection if the house does something that's constitutionally allowed but would not really be democratic would not be really respecting the votes of the people who voted for their electoral college representatives in a stunning move after being assured that jefferson would not dismantle his financial system federalist alexander hamilton came out publicly in support of jefferson he warned against electing the unprincipled burr and in mid-february on the house's 35th vote three weeks before the inauguration which yes the inauguration used to be in march now it's in january that changes later enough federalists cast blank ballots that jefferson was elected by those willing to vote for him so clearly we need to fix this we don't need this kind of vice president president fighting thing because the electoral college didn't foresee you know having parties the 12th amendment was passed in 1804 to prevent this from ever happening again so ever since electors have cast separate ballots for president and vice president no longer is it you know winner takes the presidency and runner-up takes the vice presidency now this is a really important moment in american history the revolution of 1800 was the peaceful transfer of power from federalists to democratic republicans make sure you have that the revolution of 1800 is the peaceful transfer of power from federalists to democratic republicans and the importance of this precedent cannot be overstated this is the moment when many new nations that start out as some type of democracies or republics end up becoming dictatorships right because one party is not willing to acknowledge that they've lost an election and go home for a term but instead federalists went home to await re-election though they were never re-elected to the presidency again and of course there's still plenty of federalists in congress they just don't have a majority in either house now on economic policies jefferson was a moderate departure from adams jefferson's secretary of the treasury albert gallatin believed the bank of the united states was in fact essential for the nation's financial stability and he successfully blocked efforts to dismantle the bank so even though jefferson had hated the idea of a national bank he does not get rid of it or attempt to get rid of it while he's in office however he repeals the direct tax and he eliminates the hated whiskey tax but he still wants to pay down the debt and he's already gotten rid of the only revenue raising taxes they really had so the only way to do that if you're not willing to to raise a tax is to cut spending jefferson argued that current legislators did not have the right to tax future generations this is the complete opposite of hamilton's argument that having a debt that is never paid off is in the best interest of the united states now the easiest way to pay down debt was to slash the budget and the biggest part of the budget that was the easiest to slash especially for a democratic republican was the military budget so he reduces the size of the us army by 50 leaving only about 3 000 soldiers guarding the entire western uh border known as the frontier obviously and he retires most of the navy's warships now republicans again were suspicious of standing armies and they believed that a militia what we would call the national guard today could defend the republic to train citizen soldiers to do this though jefferson created the army corps of engineers and west point military academy in 1802 obviously the purposes of those institutions have changed a bit over time but when he found them the whole point is to make sure that citizen soldiers people who are not career military are still capable of defending the united states if they're ever needed soaring revenues from customs collections allowed jefferson to pay down the debt for a while so it goes from 83 million in 1800 down to 57 million in 1809 but he did not institute a complete and total break from federalist policy jefferson seemed less tied to political ideology once he was president and history shows that it makes a difference when you're sitting in the seat of power or outside criticizing it once in power most politicians will expand federal power while they're the ones wielding it so the lame duck federalist congress those people who had already been voted out of office but were still in power until the next group was inaugurated passed the judiciary act of 1801 which adam signed on the day before his last day in office it enlarged the judiciary and packed it with federalist judges so federalists had lost congress they had lost the presidency and they are desperately trying to hold on to the judiciary the 16 new district federal judges were called the midnight appointments infuriated democratic republicans in the new congress wanted to repeal the law but federalists opposed this and they said that the constitution only allowed the removal of federal judges found guilty of crimes so basically they they've done something that is constitutional by appointing all these new judges but it's certainly more about gaining partisan political power and now they're arguing the other side shouldn't do the same thing right that you shouldn't do something that's completely allowed under the constitution because yeah it really says you're only supposed to remove judges if they've been found guilty of crimes so they argue that repealing the act would dismiss judges without a trial and thus would be a violation of the judge's rights which is a very high-minded argument for people who have just packed a court after losing an election badly so republicans don't buy this argument they said the expansion of the court was too expensive it wasn't necessary they wouldn't be hearing enough cases and the republican majority congress repealed the judiciary act over federalist opposition now this didn't affect all of the new judicial appointments though just the ones in the act because there were others that adams had made as well while congress was debating the judiciary act jefferson's secretary of state which was james madison refused to deliver the official commission that all of these new judges had to have in order to operate so appointing a judge is a two-step process the president appoints and then the secretary of state delivers that commission so the judiciary act was important because it expanded the court and then adams could appoint all these new people and then the secretary of state is supposed to deliver the commission madison jefferson's secretary of state refuses to deliver the commission to these midnight appointees and one of those midnight appointees sued and took the case to the supreme court so jefferson's nemesis the federalist john marshall is chief justice of the court he's a federalist appointed by adams he is still considered the most influential chief justice in the history of the country he is to the judicial branch what washington is to the presidency right so john marshall make sure you know that name so this case marbury v madison in 1803 established judicial review the other thing you should really really know from this so william marbury was the justice of the peace the judge appointed by adams and madison was the secretary of state refusing to deliver the license now marshall personally agreed with marbury the judge but he's also pretty smart what's going to happen if he tries to force delivery and jefferson and madison just say no he'd lose the little bit of power he had in that fledgling supreme court so marshall goes back over the law that granted the court the authority to compel madison to deliver the commission and he declares that law to be unconstitutional he basically says you ought to deliver the license anyway but that's not the point of the ruling here the ruling is that the law that congress passed giving him the power uh to compel this license to be delivered was unconstitutional so marshall establishes a very important power of the supreme court called judicial review by arguing that it was quote emphatically the province and duty of the judicial department to say what the law is so there's no specific provision in the constitution saying how the supreme court would operate to check the other branches but marshall selected and pursued judicial review and in practice this becomes embedded in what the supreme court can do this is a very important precedent so now instead of jefferson and madison trying to figure out how to get states somehow to declare a law unconstitutional or appeal to the conscience of those in congress it is the supreme court that gets to decide if a law is constitutional or not so it's a very important precedent it counters and rejects the democratic republican view expressed in both the virginia and kentucky resolutions that states have some say in this process and deciding the constitutionality of laws this says that that is the supreme court's job states can sue if the law is unconstitutional but they sue and go to the supreme court madison and jefferson focused on the fact that the court didn't try to get them to deliver the license and they basically ignore the other stuff and by the time anybody really realizes it it's precedent right that's how the system works jefferson's inaugural address had two main points one that the u.s must be neutral in foreign affairs and avoid entangling alliances very much washington's message and the second was a plea for political unity he expected an acknowledgment of majority rule by the federalists that they had lost this election but he also expected democratic republicans to respect the rights of their minority the rights of the opposition and not treat them the way that the federalists had treated democratic republicans a few years earlier so he doesn't want democratic republicans to pass laws like the sedition act to try to silence their federalist opposition after criticizing federalists for being too monarchical jefferson made the presidency less formal he held few elaborate formal state dinners opting for more casual all-male dinner parties he used what they call pale male seating at presidential dinners in which people sat themselves at will countering the european custom of sitting people by their political or social status and some of this is because he's a widower at this point he doesn't have a wife to do these kind of hosting duties which is actually where the term first lady comes from because dolly madison will step in to host when he does have to do those types of events and you can't call her mrs jefferson because she's not married to the man so people didn't really know what to call her they began calling her the first lady and ever since the wife of the president whoever's in charge of those hosting duties is referred to as the first lady jefferson also wore less elaborate clothing and he's the first president to live in the presidential palace which today we call the white house he sold the presidential carriage and instead traveled around in a one-horse wooden cart and john adams deplored the quote sliding down into the muck and mire of democracy so jefferson tried to empower ordinary white men arguing that this was the actual intent of the revolution and jeffersonian republicans are still fighting this battle about the judiciary uh and in fact they want the judiciary to be more responsive to the people the people have just elected democratic republicans like crazy in that 1800 election and so they choose to use impeachment to go after judges they don't like namely federalists so federalist judge john pickering was an incompetent federal judge by all accounts he's from new hampshire he's a bad judge he's an alcoholic he's even accused of being insane he gets blackout drunk regularly but he had not committed a crime so there's no grounds to remove him from the bench republicans in congress pushed for his removal anyway and the house impeached him remember the impeachment is like an indictment so the house investigates it says there's enough evidence here that we vote yes you need to defend this and have a trial so they impeach him they basically indict him then you have to have the trial and the senate to see if the person is guilty or not the democratic republicans in the senate convicted pickering however a lot of senators were uncomfortable with the charges and were conspicuously absent from the vote because they suspected this was unconstitutional he hadn't committed any crimes and that is kind of the the minimum of removing a federal judge so high crimes and misdemeanors he doesn't have that they feared the democratic republicans were going too far again trying to push the minority out of power permanently after this initial victory though republicans turn their efforts to a supreme court justice named samuel chase and chase is far more important than pickering he's a supreme court justice not just a federal judge and he had frequently and openly attacked democratic republican policies in fact in a speech to a federal grand jury later quoted in a baltimore newspaper he had said quote our late reformers meaning the republicans threatened peace and order freedom and prosperity so he's blatantly partisan in his public talks but there's really no rule against that jefferson pushed congress to bring charges against chase that were purely political purely based on his politics as chase's verbal criticism of the party controlling the government was not criminal so if the senate convicted chase on these charges they could theoretically remove every federalist member of the supreme court just because they disagreed over politics the republican-controlled house impeached chase that is the indictment they charge him with wrongdoing in the senate chase's lawyers mounted a masterful defense based on the law and the constitution while lead prosecutor john randolph repeatedly betrayed his ignorance of the law and constitution and it made it really clear to everybody involved that this was a politically motivated attack senate republicans refused to expand the constitutional definition of impeachable offenses beyond high crimes and misdemeanors which would have been required to convict chase now as we talked about when we went over the constitution what counts as an impeachable offense is really up to congress it is not well defined in the constitution so treason bribery high crimes misdemeanors but what high crimes and misdemeanors means is up to congress and in this case they refuse to expand that definition beyond what would be criminal in order to convict and remove chase on march 1 1805 the senate acquitted justice chase on all charges and this sets a really important precedent in american history american politicians would not tamper with the constitution in order to get rid of judges who openly opposed them politically or disagreed with them so there's an expectation that the judiciary is removed from this kind of politics and that to remove a sitting judge they have to have committed some kind of crime they stick with this idea that the president gets to appoint a judge and as long as that person is qualified they should be confirmed and no judge should be removed just because of their political opinions kind of differing from the party in power and there you have it how did politicians respond to laws they believed were unconstitutional how did jefferson's policies as president differ from adams and how do they differ from his own beliefs from before he was president we'll get into even more of that next time and what is judicial review you should definitely know that if you have all that hit the next button at the bottom of the page and take the revolution of 1800 lecture recap quiz