Second US President John Adams appointed 42 justices of the peace for the territory of Washington, DC a few days before President Jefferson succeeded him in office. Adams wanted to ensure his Federalist party, which was losing popularity to Jefferson's Democratic-Republican party, retained power in the government. He attempted to accomplish this by packing the Judicial branch of government with Federalist judges.
The lame duck Congress also passed the Judiciary Act of 1801, rearranging the federal court system and allowing Adams to appoint 16 new Circuit judges and several new District judges the month before leaving office. The justices of the peace and federal judges, collectively, are often referred to as the "midnight judges" for their last-minute appointments.
President Thomas Jefferson refused to have some of the commissions delivered after taking office, which lead to the US Supreme Court case Marbury v. Madison, (1803).
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Chief Justice John Marshall wasn't appointed with the midnight judges, but before them, because Third Chief Justice Oliver Ellsworth was in poor health and agreed to step down so Federalist President John Adams could appoint the new Chief Justice before leaving office.
The midnight judges were appointed as the result of two Acts of Congress: The Judiciary Act of 1801, which added sixteen Circuit and five district court judges; and the District of Columbia Organic Act, which allowed Adams to appoint 42 justices of the peace.
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The president is responsible for appointing justices, who then must be approved by the Senate.
Appointed
In the United States, the US Secretary of Education is part of the President's Cabinet. He or she is appointed by the President with the advice and consent of the Senate. ?æ
No. The Executive Branch appoints US Supreme Court justices with the approval of the Senate.
The US President has the authority to grant pardons to federal judges for anything except impeachment. There is no pardon from impeachment.