Judiciary Acts, Part 2: Midnight Judges and Missing Commissions
Summary: The Patterson team debates whether the 1789 Act is pro-debtor or creditor. The Federalists giveth to the Midnight Judges, and the Democratic-Republicans taketh away. Marshall and Chase contemplate a strike. Marbury v. Madison establishes judicial review—or does it? The justices resume circuit riding, and fold in Stuart v. Laird. Concern over civil rights slowly opens the door to expanded federal jurisdiction, until the railroads kick it down.