1 00:00:00,040 --> 00:00:02,600 Speaker 1: Hey, y'all, Eve's here. We're doubling up today with two 2 00:00:02,640 --> 00:00:06,880 Speaker 1: events in history on with the show. Hi, everyone, welcome 3 00:00:06,960 --> 00:00:09,960 Speaker 1: to this Day in History class, where we uncover the 4 00:00:10,000 --> 00:00:26,960 Speaker 1: remnants of history every day. The day was February three. 5 00:00:28,200 --> 00:00:32,520 Speaker 1: The landmark U. S. Supreme Court case William Marbury versus 6 00:00:32,640 --> 00:00:37,720 Speaker 1: James Madison, Secretary of the State, was decided. The decision 7 00:00:37,920 --> 00:00:41,760 Speaker 1: established judicial review, or the idea that the actions of 8 00:00:41,760 --> 00:00:45,680 Speaker 1: the executive and legislative branches of government are subject to 9 00:00:45,760 --> 00:00:50,839 Speaker 1: review by the judiciary. It also ruled that the Supreme 10 00:00:50,880 --> 00:00:54,080 Speaker 1: Court had the power to determine if those actions were 11 00:00:54,120 --> 00:00:58,720 Speaker 1: consistent with the Constitution, and if they were not consistent, 12 00:00:59,240 --> 00:01:03,600 Speaker 1: then the Court could declare them void. Many state courts 13 00:01:03,720 --> 00:01:08,440 Speaker 1: already exercised judicial review by the tom Marbury Versus Madison 14 00:01:08,520 --> 00:01:12,200 Speaker 1: was decided, and there had already been talked of giving 15 00:01:12,240 --> 00:01:16,400 Speaker 1: this power to the federal courts. But this case helped 16 00:01:16,520 --> 00:01:20,640 Speaker 1: establish the judiciary as equal to the executive and legislative 17 00:01:20,680 --> 00:01:25,959 Speaker 1: branches in power, and the decision established the Constitution as 18 00:01:26,000 --> 00:01:29,120 Speaker 1: the supreme law of the land, with the Supreme Court 19 00:01:29,440 --> 00:01:34,000 Speaker 1: as the ultimate authority for interpreting it. The presidential election 20 00:01:34,040 --> 00:01:39,000 Speaker 1: of eighteen hundred had been a dramatic one. Democratic Republican 21 00:01:39,120 --> 00:01:43,800 Speaker 1: Thomas Jefferson narrowly beat incumbent President John Adams, who was 22 00:01:43,840 --> 00:01:48,960 Speaker 1: a federalist. Democratic Republicans were also set to become the 23 00:01:49,000 --> 00:01:52,720 Speaker 1: majority party in both the House of Representatives and the Senate, 24 00:01:53,720 --> 00:01:56,560 Speaker 1: so as Adams was on his way out, he and 25 00:01:56,720 --> 00:02:01,080 Speaker 1: Congress passed the Judiciary Act of eighteen o one. The 26 00:02:01,160 --> 00:02:05,360 Speaker 1: Act created a bunch of new judicial offices, and Adams 27 00:02:05,480 --> 00:02:09,920 Speaker 1: proceeded to pack those offices with Federalists and what appeared 28 00:02:09,919 --> 00:02:13,280 Speaker 1: to be a last dig attempt to strengthen Federalist power 29 00:02:13,680 --> 00:02:18,560 Speaker 1: and throw Jefferson for a loop. Adams appointed sixteen new 30 00:02:18,600 --> 00:02:22,000 Speaker 1: circuit judges and forty two new Justices of the Peace, 31 00:02:22,360 --> 00:02:28,680 Speaker 1: including William Marbury. The Senate approved the so called Midnight appointees, 32 00:02:29,200 --> 00:02:32,280 Speaker 1: and Adams signed a slew of commissions for the new judges. 33 00:02:33,639 --> 00:02:37,680 Speaker 1: Secretary of State John Marshall, who had been appointed Chief Justice, 34 00:02:38,280 --> 00:02:42,919 Speaker 1: notarized the appointments. The kicker is several of those commissions 35 00:02:42,960 --> 00:02:47,280 Speaker 1: weren't delivered before the presidential transition, and the remaining appointments 36 00:02:47,440 --> 00:02:50,840 Speaker 1: weren't valid until they were delivered by the new Secretary 37 00:02:50,840 --> 00:02:56,040 Speaker 1: of State. James Madison, and once President Jefferson took office 38 00:02:56,120 --> 00:02:59,720 Speaker 1: on March fourth, eighteen o one, he told Madison not 39 00:03:00,080 --> 00:03:04,639 Speaker 1: to deliver the commissions. William Marbury, who had been appointed 40 00:03:04,639 --> 00:03:07,160 Speaker 1: a Justice of the Peace in the District of Columbia, 41 00:03:07,720 --> 00:03:12,400 Speaker 1: was one of those leftover appointees, so Marbury petitioned the 42 00:03:12,480 --> 00:03:16,680 Speaker 1: Supreme Court to get Madison to deliver the commission, asking 43 00:03:16,720 --> 00:03:20,040 Speaker 1: the Court for a writ of mandamus forcing delivery of 44 00:03:20,040 --> 00:03:24,239 Speaker 1: the commissions. A writ of mandamus is in order from 45 00:03:24,240 --> 00:03:27,560 Speaker 1: a court to a public agency or governmental body that 46 00:03:27,639 --> 00:03:31,280 Speaker 1: commands that entity to perform an act required by law 47 00:03:31,400 --> 00:03:35,280 Speaker 1: that it has refused or neglected to do. The Court 48 00:03:35,440 --> 00:03:38,760 Speaker 1: did rule that Jefferson and Madison were in the wrong 49 00:03:38,880 --> 00:03:43,000 Speaker 1: for refusing to deliver the commission, but it also didn't 50 00:03:43,000 --> 00:03:46,680 Speaker 1: make Madison hand over the commission. The Court claimed that 51 00:03:46,760 --> 00:03:49,520 Speaker 1: it did not have jurisdiction in the case and it 52 00:03:49,600 --> 00:03:52,840 Speaker 1: could not issue the writ as the Judiciary Act of 53 00:03:52,920 --> 00:03:55,960 Speaker 1: seventeen eighty nine that had authorized the Court to do 54 00:03:56,040 --> 00:04:01,840 Speaker 1: so was unconstitutional and therefore void. The Judiciary Act of 55 00:04:01,880 --> 00:04:06,320 Speaker 1: seventeen eighty nine, Chief Justice John Marshall pointed out extended 56 00:04:06,440 --> 00:04:10,840 Speaker 1: judiciary power beyond that given an Article three, Section two 57 00:04:11,000 --> 00:04:16,600 Speaker 1: of the Constitution. Chief Justice John Marshall wrote the unanimous opinion. 58 00:04:17,480 --> 00:04:21,560 Speaker 1: In it, he said the following. It is emphatically the 59 00:04:21,560 --> 00:04:24,440 Speaker 1: province and duty of the Judicial Department to say what 60 00:04:24,560 --> 00:04:28,000 Speaker 1: the law is. Those who applied the rule to particular 61 00:04:28,040 --> 00:04:33,640 Speaker 1: cases must, of necessity expound and interpret that rule. If 62 00:04:33,640 --> 00:04:36,760 Speaker 1: two laws conflict with each other, the Court must decide 63 00:04:36,800 --> 00:04:41,120 Speaker 1: on the operation of each. So Section thirteen of the 64 00:04:41,200 --> 00:04:44,880 Speaker 1: Judiciary Act of seventeen eighty nine was void and Marbury 65 00:04:45,040 --> 00:04:47,440 Speaker 1: didn't get his seat as Justice of the Peace in 66 00:04:47,480 --> 00:04:52,000 Speaker 1: the District of Columbia. The Judiciary's job was to uphold 67 00:04:52,000 --> 00:04:56,560 Speaker 1: the Constitution. The decision said, Thus, the Supreme Court gained 68 00:04:56,560 --> 00:05:00,280 Speaker 1: the ability to declare a law unconstitutional, and just a 69 00:05:00,320 --> 00:05:04,680 Speaker 1: review was born. I'm Eaves Deathcote and hopefully you know 70 00:05:04,839 --> 00:05:08,400 Speaker 1: a little more about history today than you did yesterday. 71 00:05:09,000 --> 00:05:12,960 Speaker 1: You can find us on Twitter, Instagram and Facebook at 72 00:05:13,080 --> 00:05:18,240 Speaker 1: T d i h C Podcast. Thanks for joining me 73 00:05:18,320 --> 00:05:21,320 Speaker 1: on this trip through time. See you here in the 74 00:05:21,400 --> 00:05:33,159 Speaker 1: exact same spot tomorrow. Hey, I'm Eves and you're listening 75 00:05:33,160 --> 00:05:36,360 Speaker 1: to This Day in History Class, a podcast that proves 76 00:05:36,400 --> 00:05:48,920 Speaker 1: history is always happening. The day was February eighteen sixty four, 77 00:05:50,120 --> 00:05:53,039 Speaker 1: Rebecca Lee Crumpler became the first black woman in the 78 00:05:53,160 --> 00:05:56,240 Speaker 1: US to earn an m d. Or Doctor of Medicine. 79 00:05:57,279 --> 00:06:00,080 Speaker 1: Crumpler was born in eighteen thirty one in Delaware to 80 00:06:00,200 --> 00:06:05,200 Speaker 1: free black parents Absalom Davis and Matilda Weber Davis. She 81 00:06:05,279 --> 00:06:08,520 Speaker 1: grew up in Pennsylvania, where her aunt raised her. Her 82 00:06:08,600 --> 00:06:11,520 Speaker 1: unspent a lot of time caring for people with illnesses, 83 00:06:11,920 --> 00:06:15,480 Speaker 1: which may have influenced Rebecca's desire to go into medicine. 84 00:06:16,560 --> 00:06:20,920 Speaker 1: By eighteen fifty two, Rebecca moved to Charlestown, Massachusetts, where 85 00:06:20,960 --> 00:06:24,200 Speaker 1: she worked as a nurse. There weren't any formal schools 86 00:06:24,200 --> 00:06:26,800 Speaker 1: for nursing in the US at the time, so she 87 00:06:26,880 --> 00:06:31,159 Speaker 1: studied on her own. She assisted local physicians and cared 88 00:06:31,160 --> 00:06:35,440 Speaker 1: for patients when doctors were absent. By this time, Elizabeth 89 00:06:35,480 --> 00:06:38,520 Speaker 1: Blackwoyle had already become the first woman in the US 90 00:06:38,839 --> 00:06:41,840 Speaker 1: to get an m d from a medical school, and 91 00:06:41,920 --> 00:06:45,720 Speaker 1: Crumpler knew about the New England Female Medical College, which 92 00:06:45,760 --> 00:06:49,520 Speaker 1: was founded in eighteen forty eight in Boston. The school 93 00:06:49,600 --> 00:06:52,400 Speaker 1: was the first in the US to train women in medicine. 94 00:06:52,920 --> 00:06:56,160 Speaker 1: Rebecca asked the physicians she worked forward to write letters 95 00:06:56,200 --> 00:07:00,400 Speaker 1: of recommendation for her application to the college. She was 96 00:07:00,440 --> 00:07:03,039 Speaker 1: admitted to the school and began her studies there in 97 00:07:03,120 --> 00:07:07,640 Speaker 1: eighteen sixty At this time, around three hundred women had 98 00:07:07,680 --> 00:07:10,720 Speaker 1: medical degrees in the US, out of more than fifty 99 00:07:10,760 --> 00:07:15,240 Speaker 1: thousand physicians in the country. Medical degrees were largely unnecessary 100 00:07:15,280 --> 00:07:19,720 Speaker 1: to become a physician, since most states had no licensing requirements. 101 00:07:20,440 --> 00:07:24,200 Speaker 1: The hundreds of women got degrees after Elizabeth Blackwell, none 102 00:07:24,240 --> 00:07:27,480 Speaker 1: of them were black. It's likely that Crumpler went to 103 00:07:27,520 --> 00:07:30,560 Speaker 1: medical school to get better at nursing rather than to 104 00:07:30,600 --> 00:07:34,000 Speaker 1: become a physician. Little is known about the challenges that 105 00:07:34,080 --> 00:07:36,320 Speaker 1: she faced to get into the school and what she 106 00:07:36,440 --> 00:07:41,120 Speaker 1: went through while enrolled for years. Scholars gave the title 107 00:07:41,200 --> 00:07:44,440 Speaker 1: of first woman to get an mp D to Rebecca Cole. 108 00:07:44,960 --> 00:07:47,520 Speaker 1: She got her degree from the Woman's Medical College of 109 00:07:47,560 --> 00:07:51,040 Speaker 1: Pennsylvania in eighteen sixty seven. There's a good chance that 110 00:07:51,120 --> 00:07:54,320 Speaker 1: Crumpler herself was unaware of her status as the first 111 00:07:54,400 --> 00:07:56,280 Speaker 1: black woman to get an m D in the States. 112 00:07:56,720 --> 00:08:00,320 Speaker 1: But on February eighteen sixty four, she and two of 113 00:08:00,320 --> 00:08:04,240 Speaker 1: her classmates, Mary Lockwood Allen and Elizabeth Kimball, took their 114 00:08:04,280 --> 00:08:08,840 Speaker 1: final oral exams, the faculty voted to recommend the three 115 00:08:08,880 --> 00:08:11,320 Speaker 1: of them to the Board of Trustees, even though they 116 00:08:11,360 --> 00:08:15,520 Speaker 1: stated that Crumpler had quote deficiencies, and they hesitated to 117 00:08:15,560 --> 00:08:20,080 Speaker 1: recommend her. On March one, Crumpler got her Doctress of 118 00:08:20,120 --> 00:08:24,280 Speaker 1: Medicine degree. Around the time that she graduated, she married 119 00:08:24,320 --> 00:08:27,920 Speaker 1: a man named Arthur Crumpler. She practiced in Boston for 120 00:08:27,960 --> 00:08:31,120 Speaker 1: a short time and then pursued additional training at an 121 00:08:31,160 --> 00:08:34,600 Speaker 1: unknown place. At the end of the Civil War, she 122 00:08:34,720 --> 00:08:37,880 Speaker 1: moved to Richmond, Virginia, a place that she considered a 123 00:08:37,960 --> 00:08:41,679 Speaker 1: quote proper field for real missionary work and one that 124 00:08:41,720 --> 00:08:45,559 Speaker 1: would present ample opportunities to become acquainted with the diseases 125 00:08:45,600 --> 00:08:49,439 Speaker 1: of women and children. She worked with the Freedman's Bureau 126 00:08:49,520 --> 00:08:53,280 Speaker 1: to care for formally enslaved and other black people. Black 127 00:08:53,360 --> 00:08:56,559 Speaker 1: physicians experienced a lot of racism in the post war South, 128 00:08:56,960 --> 00:08:59,840 Speaker 1: and there's evidence that Crumpler herself was at the receiving 129 00:09:00,080 --> 00:09:04,120 Speaker 1: end of that hate. Howard University College of Medicine, the 130 00:09:04,240 --> 00:09:08,199 Speaker 1: first historically black medical school, was founded in eighteen sixty eight. 131 00:09:08,920 --> 00:09:11,680 Speaker 1: By eighteen sixty nine, Crumpler had gone back to Boston, 132 00:09:12,200 --> 00:09:14,960 Speaker 1: around a decade later, she and her husband had moved 133 00:09:15,000 --> 00:09:18,720 Speaker 1: to Hyde Park, Massachusetts. She was no longer in active 134 00:09:18,720 --> 00:09:21,920 Speaker 1: medical practice by this time, but in eighteen eighty three 135 00:09:22,160 --> 00:09:26,280 Speaker 1: she published the Text, a book of medical discourses. The 136 00:09:26,360 --> 00:09:29,880 Speaker 1: New England Female Medical College did not graduate another black 137 00:09:29,920 --> 00:09:34,320 Speaker 1: woman before it closed in eighteen seventy three. I'm Eve 138 00:09:34,360 --> 00:09:37,360 Speaker 1: Steffcote and hopefully you know a little more about history 139 00:09:37,440 --> 00:09:41,400 Speaker 1: today than you did yesterday. If you're hungry for more history, 140 00:09:41,800 --> 00:09:45,440 Speaker 1: you can find us on Twitter, Facebook, and Instagram at 141 00:09:45,679 --> 00:09:50,880 Speaker 1: t d i h C podcast. We also accept electronic 142 00:09:51,000 --> 00:09:55,520 Speaker 1: letters at this day. At i heart media dot com. 143 00:09:55,640 --> 00:09:58,319 Speaker 1: We're here every day, so you know where to find us. 144 00:09:58,520 --> 00:10:09,079 Speaker 1: By m For more podcasts from I Heart Radio, visit 145 00:10:09,120 --> 00:10:11,800 Speaker 1: the iHeart Radio app, Apple Podcasts, or wherever you listen 146 00:10:11,840 --> 00:10:12,680 Speaker 1: to your favorite shows.