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United States presidential election, 1800
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United States presidential election, 1800
← 1796 October 31 – December 3, 1800 1804 →
138 electoral votes of the Electoral College
70 electoral votes needed to win
Nominee
Thomas Jefferson John Adams
Party
Democratic-Republican Federalist
Home state
Virginia Massachusetts
Running mate
Aaron Burr Charles C. Pinckney
Electoral vote
73 65
States carried
9 7
Popular vote
41,330 25,952
Percentage
61.4% 38.6%
Presidential election results map. Green denotes states won by Jefferson, burnt orange denotes states won by Adams, and gray denotes non voting territories. Numbers indicate the number of electoral votes allotted to each state.
President before election
John Adams
Federalist
Elected President
Thomas Jefferson
Democratic-Republican
The United States presidential election of 1800 was the fourth United States presidential election. It was held from Friday, October 31 to Wednesday, December 3, 1800. In what is sometimes referred to as the "Revolution of 1800",[1][2] Vice President Thomas Jefferson of the Democratic-Republican Party defeated incumbent President John Adams of the Federalist Party. The election was a realigning election that ushered in a generation of Democratic-Republican rule.
Adams had narrowly defeated Jefferson in the 1796 election. Under the rules of the electoral system that were in place prior to the 1804 ratification of the 12th Amendment, each member of the Electoral College cast two votes, with no distinction made between electoral votes for president and electoral votes for vice president. As Jefferson received the second-most votes in 1796, he was elected vice president. In 1800, unlike in 1796, both parties formally nominated tickets. The Democratic-Republicans nominated a ticket consisting of Jefferson and Aaron Burr, while the Federalists nominated a ticket consisting of Adams and Charles Pinckney. Each party formed a plan in which one of their respective electors would vote for a third candidate or abstain so that their preferred presidential candidate (Adams for the Federalists and Jefferson for the Democratic-Republicans) would win one more vote than the party's other nominee.
The chief political issues revolved around the fallout from the French Revolution and the Quasi-War. The Federalists favored a strong central government and close relations with Great Britain. The Democratic-Republicans favored decentralization to the state governments, and the party attacked the taxes imposed by the Federalists. The Democratic-Republicans also denounced the Alien and Sedition Acts, which the Federalists had passed to make it harder for immigrants to become citizens and to restrict statements critical of the federal government. While the Democratic-Republicans were well organized at the state and local levels, the Federalists were disorganized and suffered a bitter split between their two major leaders, President Adams and Alexander Hamilton. According to historian John Ferling, the jockeying for electoral votes, regional divisions, and the propaganda smear campaigns created by both parties made the election recognizably modern.[3]
At the end of a long and bitter campaign, Jefferson and Burr each won 73 electoral votes, Adams won 65 electoral votes, and Pinckney won 64 electoral votes. The Federalists swept New England, the Democratic-Republicans dominated the South, and the parties split the Mid-Atlantic states of New York, New Jersey, and Pennsylvania. The Democratic-Republicans' failure to execute their plan to award Jefferson one more vote than Burr resulted in a tie, which necessitated a contingent election in the House of Representatives. Under the terms laid out in the Constitution, the outgoing House of Representatives chose between Jefferson and Burr. Each state delegation cast one vote, and a victory in the contingent election required one candidate to win a majority of the state delegations. Neither Burr nor Jefferson were able to win on the first 35 ballots of the contingent election, as most Federalist Congressmen backed Burr and all Democratic-Republican Congressmen backed Jefferson. Hamilton personally favored Jefferson over Burr, and he convinced several Federalists to switch their support to Jefferson, giving Jefferson a victory on the 36th ballot of the contingent election. The result of this election was affected by the three-fifths clause of the United States Constitution; historians such as Garry Wills have noted that had slaves not been counted for the purposes of congressional apportionment, Adams would have won the electoral vote.[4]
Contents
[hide]
1 General election
1.1 Candidates
1.2 Campaign
1.2.1 Selection method changes
1.3 Voting
1.4 Disputes
1.4.1 Defective certificates
1.5 Results
1.5.1 Breakdown by ticket
1.5.2 Breakdown by state
2 1801 contingent election
2.1 Results
3 Electoral college selection
4 In popular culture
5 See also
6 References
6.1 Primary references
6.2 Inline references
7 Bibliography
8 External links
General election[edit]
Candidates[edit]
Both parties used congressional nominating caucuses to formally nominate tickets for the first time. The Federalists nominated a ticket consisting of incumbent President John Adams of Massachusetts and Charles Cotesworth Pinckney of South Carolina. Pinckney had fought in the American Revolutionary War and later served as the minister to France. The Democratic-Republicans nominated a ticket consisting of Vice President Thomas Jefferson of Virginia and former Senator Aaron Burr of New York. Jefferson had been the runner-up in the previous election and had co-founded the party with James Madison and others, while Burr was popular in the electorally important state of New York.[5]
Vice President
Thomas Jefferson
from Virginia
(D-R)
Former
U.S. Senator
Aaron Burr
from New York
(D-R)
President
John Adams
from Massachusetts
(Federalist)
Former
Minister to France
Charles C. Pinckney
from South Carolina
(Federalist)
Campaign[edit]
The 1800 election was a re-match of the 1796 election. The campaign was bitter and characterized by slander and personal attacks on both sides. Federalists spread rumours that the Democratic-Republicans were radicals who would ruin the country (based on the Democratic-Republican support for the French Revolution). In 1798, George Washington had complained "that you could as soon scrub the blackamoor white, as to change the principles of a professed Democrat; and that he will leave nothing unattempted to overturn the Government of this Country".[6] Meanwhile, the Democratic-Republicans accused Federalists of subverting republican principles with the Alien and Sedition Acts, some of which were later declared unconstitutional after their expiration by the Supreme Court, and relying for their support on foreign immigrants; they also accused Federalists of favoring Britain and the other coalition countries in their war with France in order to promote aristocratic, anti-democratic values.[7]
Adams was attacked by both the opposition Democratic-Republicans and a group of so-called "High Federalists" aligned with Alexander Hamilton. The Democratic-Republicans felt that the Adams foreign policy was too favorable toward Britain; feared that the new army called up for the Quasi-War would oppress the people; opposed new taxes to pay for war; and attacked the Alien and Sedition Acts as violations of states' rights and the Constitution. "High Federalists" considered Adams too moderate and would have preferred the leadership of Alexander Hamilton instead.
Hamilton had apparently grown impatient with Adams and wanted a new president who was more receptive to his goals. During Washington's presidency, Hamilton had been able to influence the federal response to the Whiskey Rebellion (which threatened the government's power to tax citizens). When Washington announced that he would not seek a third term, Adams was widely recognized by the Federalists as next-in-line.
Hamilton appears to have hoped in 1796 that his influence within an Adams administration would be as great or greater than in Washington's. By 1800, Hamilton had come to realize that Adams was too independent and thought the Federalist vice presidential candidate, Charles Cotesworth Pinckney of South Carolina, more suited to serving Hamilton's interests. In his third sabotage attempt toward Adams,[8] Hamilton quietly schemed to elect Pinckney to the presidency. Given Pinckney's lack of political experience, he would have been expected to be open to Hamilton's influence. However, Hamilton's plan backfired and hurt the Federalist party, particularly after one of his letters, a scathing criticism of Adams that was fifty-four pages long,[9] fell into the hands of a Democratic-Republican and soon after became public. It embarrassed Adams and damaged Hamilton's efforts on behalf of Pinckney,[3] not to mention speeding Hamilton's own political decline.[9]
Selection method changes[edit]
Partisans on both sides sought any advantage they could find. In several states, this included changing the process of selecting electors to ensure the desired result. In Georgia, Democratic-Republican legislators replaced the popular vote with selection by the state legislature. Federalist legislators did the same in Massachusetts and New Hampshire. This may have had some unintended consequences in Massachusetts, where the makeup of the delegation to the House of Representatives changed from 12 Federalists and 2 Democratic-Republicans to 8 Federalists and 6 Democratic-Republicans, perhaps the result of backlash on the part of the electorate. Pennsylvania also switched to legislative choice, but this resulted in an almost evenly split set of electors. Virginia switched from electoral districts to winner-take-all, a move that probably switched one or two votes out of the Federalist column.
Voting[edit]
Results by county explicitly indicating the percentage of the winning candidate in each county. Shades of blue are for Jefferson (Democratic-Republican) and shades of yellow are for Adams (Federalist).
Because each state could choose its own election day in 1800, voting lasted from April to October. In April, Burr's successful mobilization of the vote in New York City succeeded in reversing the Federalist majority in the state legislature to provide decisive support for the Democratic-Republican ticket. With the two parties tied 63–63 in the Electoral College in the autumn of 1800, the last state to vote, South Carolina, chose eight Democratic-Republicans to award the election to Jefferson and Burr.
Under the United States Constitution as it then stood, each elector cast two votes, and the candidate with a majority of the votes was elected president, with the vice presidency going to the runner-up. The Federalists therefore arranged for one of their electors to vote for John Jay rather than for Pinckney. The Democratic-Republicans had a similar plan to have one of their electors cast a vote for another candidate instead of Burr, but failed to execute it, thus all of the Democratic-Republican electors cast their votes for both Jefferson and Burr, 73 in all for each of them. According to a provision of the United States Constitution, a tie in a case of this type had to be resolved by the House of Representatives, with each state casting one vote. Although the congressional election of 1800 turned over majority control of the House of Representatives to the Democratic-Republicans by 65 seats to 35,[10] the presidential election had to be decided by the outgoing House that had been elected in the congressional election of 1798 (at that time, the new presidential and congressional terms all started on March 4 of the year after a national election). In the outgoing House, the Federalists retained a majority of 90 seats to 54.[10][3]
Disputes[edit]
Defective certificates[edit]
When the electoral ballots were opened and counted on February 11, 1801, it turned out that the certificate of election from Georgia was defective. While it was clear that the electors had cast their votes for Jefferson and Burr, the certificate did not take the constitutionally mandated form of a "List of all the Persons voted for, and of the Number of Votes for each".[11] Vice President Jefferson, who was counting the votes in his role as President of the Senate, immediately counted the votes from Georgia as votes for Jefferson and Burr.[11] No objections were raised.[11] If the disputed Georgia ballots were rejected on these technicalities, Jefferson and Burr would have lost 4 electoral votes, leaving them with 69 electoral votes each. The counting of the votes would have failed to result in a majority of 70 votes for any of the four candidates, causing a constitutionally mandated Congressional runoff among the top five finishers. Instead, the total number of votes for Jefferson and Burr was 73, a majority of the total, but a tie between them.[11]
Results[edit]
Jefferson won all or a majority of the voters in each state that he had won in 1796, and additionally won majorities in New York and Maryland. Adams picked up votes in Pennsylvania and North Carolina, but these votes not enough to offset the Democratic-Republican gains elsewhere. Of the 155 counties and independent cities making returns, Jefferson won in 115 (74.19%), whereas Adams carried 40 (25.81%). This was the last time that Vermont voted for the Federalists.
Presidential candidate
Party
Home state
Popular vote(a), (b), (c)
Electoral vote
Count
Percentage
Thomas Jefferson Democratic-Republican Virginia 41,330 61.4% 73
Aaron Burr Democratic-Republican New York — — 73
John Adams (incumbent) Federalist Massachusetts 25,952 38.6% 65
Charles Cotesworth Pinckney Federalist South Carolina — — 64
John Jay Federalist New York — — 1
Total 67,282 100.0% 276
Needed to win 70
Source (Popular Vote): U.S. President National Vote. Our Campaigns. (February 10, 2006).
Source (Popular Vote): A New Nation Votes: American Election Returns 1787-1825[12]
Source (Electoral Vote): "Electoral College Box Scores 1789–1996". National Archives and Records Administration. Retrieved July 30, 2005.
(a) Votes for Federalist electors have been assigned to John Adams and votes for Democratic-Republican electors have been assigned to Thomas Jefferson.
(b) Only 6 of the 16 states chose electors by any form of popular vote.
(c) Those states that did choose electors by popular vote had widely varying restrictions on suffrage via property requirements.
Breakdown by ticket[edit]
Presidential candidate
Running mate
Electoral vote
Thomas Jefferson Aaron Burr 73
John Adams Charles Cotesworth Pinckney 64
John Adams John Jay 1
Breakdown by state[edit]
State
Jefferson
Burr
Adams
Pinckney
Jay
New Hampshire 6 6
Massachusetts 16 16
Rhode Island 4 3 1
Connecticut 9 9
Vermont 4 4
New York 12 12
New Jersey 7 7
Pennsylvania 8 8 7 7
Delaware 3 3
Maryland 5 5 5 5
Virginia 21 21
Kentucky 4 4
North Carolina 8 8 4 4
Tennessee 3 3
South Carolina 8 8
Georgia 4 4
Total 73 73 65 64 1
Source: "Tally of Electoral Votes for the 1800 Presidential Election, February 11, 1801". The Center for Legislative Archives. National Archives. August 15, 2016. Retrieved February 15, 2018.
1801 contingent election[edit]
Aaron Burr tied Jefferson in the Electoral College vote.
The members of the House of Representatives balloted as states to determine whether Jefferson or Burr would become president. There were sixteen states, each with one vote; an absolute majority of nine was required for victory. It was the outgoing House of Representatives, controlled by the Federalist Party, that was charged with electing the new president. While everyone knew that Republicans intended Jefferson to be their candidate for president and Burr for vice president, that did not bind the Federalists. Many were unwilling to support Jefferson, their principal political enemy since 1791. Seizing an opportunity to deny Jefferson the presidency, most Federalists voted for Burr, giving Burr six of the eight states controlled by Federalists. The seven delegations controlled by Republicans all voted for Jefferson, and Georgia's sole Federalist representative also voted for him, giving him eight states. The Vermont delegation was evenly split and cast a blank ballot. The remaining state, Maryland, had five Federalist representatives to three Republicans; one of its Federalist representatives voted for Jefferson, forcing that state delegation also to cast a blank ballot.[13]
Over the course of seven days, from February 11 to 17, the House cast a total of 35 ballots, with Jefferson receiving the votes of eight state delegations each time—one short of the necessary majority of nine. During the contest, Hamilton recommended to Federalists that they support Jefferson because he was "by far not so dangerous a man" as Burr; in short, he would much rather have someone with wrong principles than someone devoid of any.[9] Hamilton embarked on a frenzied letter-writing campaign to get delegates to switch votes.[14]
On February 17, on the 36th ballot, Jefferson was elected. Federalist James A. Bayard of Delaware and his allies in Maryland and Vermont all cast blank ballots.[15] This resulted in the Maryland and Vermont votes changing from no selection to Jefferson, giving him the votes of 10 states and the presidency. Bayard, as the sole representative from Delaware, changed his vote from Burr to no selection.[3] The four representatives present from South Carolina, all Federalists, also changed their 3–1 selection of Burr to four abstentions.
Results[edit]
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Delegation result (votes for Jefferson - votes for Burr - blank ballots)
State delegation
Ballot
1st
2nd–35th(a)
36th
Overall results
8 Jefferson
6 Burr
2 No result 10 Jefferson
4 Burr
2 No result
Georgia(b)
Jefferson (1–0) Jefferson (1–0) Jefferson (1–0)
Kentucky
Jefferson (2–0) Jefferson (2–0) Jefferson (2–0)
New Jersey
Jefferson (3–2) Jefferson (3–2) Jefferson (3–2)
New York
Jefferson (6–4) Jefferson (6–4) Jefferson (6–4)
North Carolina
Jefferson (9–1) Jefferson (6–4) Jefferson (6–4)
Pennsylvania
Jefferson (9–4) Jefferson (9–4) Jefferson (9–4)
Tennessee
Jefferson (1–0) Jefferson (1–0) Jefferson (1–0)
Virginia
Jefferson (16–3) Jefferson (14–5) Jefferson (14–5)
Maryland
no result (4–4) no result (4–4) Jefferson (4–0–4)
Vermont
no result (1–1) no result (1–1) Jefferson (1–0–1)
Delaware
Burr (0–1) Burr (0–1) no result (0–0–1)
South Carolina(c)
Burr (0–4) Burr (1–3) no result (0–0–4)
Connecticut
Burr (0–7) Burr (0–7) Burr (0–7)
Massachusetts
Burr (3–11) Burr (3–11) Burr (3–11)
New Hampshire
Burr (0–4) Burr (0–4) Burr (0–4)
Rhode Island
Burr (0–2) Burr (0–2) Burr (0–2)
(a) The votes of the representatives is typical and may have fluctuated from ballot to ballot, but the result for each state did not change.
(b) Even though Georgia had two representatives apportioned, one seat was vacant due to the death of James Jones.
(c) Even though South Carolina had six representatives apportioned, Thomas Sumter was absent due to illness, and Abraham Nott departed for South Carolina between the first and final ballots.
Electoral college selection[edit]
The Constitution, in Article II, Section 1, provided that the state legislatures should decide the manner in which their electors were chosen. Different state legislatures chose different methods:[16]
Method of choosing electors
State(s)
State is divided into electoral districts, with one Elector chosen per district by the voters of that district Kentucky
Maryland
North Carolina
Each Elector chosen by voters statewide Rhode Island
Virginia
State is divided into electoral districts, with one Elector chosen per district
Each county chooses an electoral delegate by popular vote
Elector is chosen by electoral delegates of the counties within their district
Tennessee
Each Elector appointed by state legislature (all other states)
In popular culture[edit]
The election of 1800 was the topic of the song 'The Election of 1800' from the Broadway musical Hamilton.[17] In the song 'Hamilton' says " I have never agreed with Jefferson once, we have fought on like 75 different fronts, but when all is said and all is done: Jefferson has beliefs. Burr has none." This angers Burr and leads directly into the song 'Your Obedient Servant': in which Burr stands up to Hamilton and declares a duel. This duel led to the death of Alexander Hamilton. The election's story and the eventual reconciliation between Jefferson and Adams was also retold in a second-season episode of Comedy Central's Drunk History, with Jerry O'Connell portraying Jefferson and Joe Lo Truglio as Adams.
See also[edit]
Government of the United States portal
First inauguration of Thomas Jefferson
United States House of Representatives elections, 1800
United States Senate elections, 1800 and 1801
History of the United States (1789–1849)
Stephen Simpson (writer) (editor of the Aurora, a Philadelphia newspaper Jefferson credited for his victory in 1800)
References[edit]
Primary references[edit]
Annals of the Congress of the United States, Washington, D.C.: Gales and Seaton, 1834–1856, pp. 10:1028–1033
"A Historical Analysis of the Electoral College". The Green Papers. Retrieved March 20, 2005.
Inline references[edit]
Jump up ^ "Thomas Jefferson: The Revolution of 1800". PBS. Retrieved April 23, 2012.
Jump up ^ "A Revolution of 1800 After All: The Political Culture of the Earlier Early Republic and the Origins of American Democracy". Jeffrey L. Pasley University of Missouri-Columbia. Retrieved April 23, 2012.
^ Jump up to: a b c d Ferling (2004)
Jump up ^ Negro President: Jefferson and the Slave Power; Garry Wills; Houghton Mifflin: pp. 2, 234.
Jump up ^ Deskins, Donald Richard; Walton, Hanes; Puckett, Sherman (2010). Presidential Elections, 1789-2008: County, State, and National Mapping of Election Data. University of Michigan Press. pp. 33–34.
Jump up ^ Mintz, S. (2003). "Gilder Lehrman Document Number: GLC 581". Digital History. Archived from the original on October 6, 2006. Retrieved September 20, 2006.
Jump up ^ Buel (1972)
Jump up ^ McCullough (2001)
^ Jump up to: a b c Chernow (2004)
^ Jump up to: a b "Party Divisions of the House of Representatives* 1789–Present". Office of the Historian, House of United States House of Representatives. Retrieved February 1, 2015.
^ Jump up to: a b c d Bruce Ackerman and David Fontana, "How Jefferson Counted Himself In," The Atlantic, March 2004. See also: Bruce Ackerman and David Fontana, "Thomas Jefferson Counts Himself into the Presidency," (2004), 90 Virginia Law Review 551-643.
Jump up ^ "A New Nation Votes".
Jump up ^ Ferling 2004, pp. 175-196.
Jump up ^ Roberts (2008)
Jump up ^ Noel Campbell and Marcus Witcher, "Political entrepreneurship: Jefferson, Bayard, and the election of 1800." Journal of Entrepreneurship and Public Policy 4.3 (2015): 298-312.
Jump up ^ "The Electoral Count for the Presidential Election of 1789". The Papers of George Washington. Archived from the original on September 14, 2013. Retrieved May 4, 2005.
Jump up ^ Prokop, Andrew (November 28, 2015). "The real-life election of 1800 was even wilder than Hamilton the musical lets on". Vox. Vox Media, Inc. http://www.vox.com/2015/11/28/9801376/hamilton-election-of-1800-burr-jefferson
Bibliography[edit]
Main article: Bibliography of Thomas Jefferson
Ben-Atar, Doron; Oberg, Barbara B., eds. (1999), Federalists Reconsidered, University of Virginia Press, ISBN 978-0-8139-1863-1
Pasley, Jeffrey L.; et al., eds. (2004), Beyond the Founders: New Approaches to the Political History of the Early American Republic, University of North Carolina Press, ISBN 978-0-8078-5558-4
Beard, Charles A. (1915), The Economic Origins of Jeffersonian Democracy, ISBN 978-1-146-80267-3
Bowling, Kenneth R.; Kennon, Donald R. (2005), Establishing Congress: The Removal to Washington, D.C., and the Election of 1800, Ohio University Press, ISBN 978-0-8214-1619-8
Buel, Richard (1972), Securing the Revolution: Ideology in American Politics, 1789–1815
Chambers, William Nisbet (1963), Political Parties in a New Nation: The American Experience, 1776–1809
Chernow, Ron (2005), Alexander Hamilton, Penguin, ISBN 978-0-14-303475-9
Cunningham, Noble E., Jr. (1965), The Making of the American Party System 1789 to 1809
Dunn, Susan (2004), Jefferson's second revolution: The Election Crisis of 1800 and the Triumph of Republicanism, Houghton Mifflin Harcourt, ISBN 978-0-618-13164-8
Elkins, Stanley; McKitrick, Eric (1995), The Age of Federalism
Ferling, John (2004). Adams vs. Jefferson: The Tumultuous Election of 1800. New York, NY: Oxford University Press.
Fischer, David Hackett (1965), The Revolution of American Conservatism: The Federalist Party in the Era of Jeffersonian Democracy
Freeman, Joanne B. (2001), Affairs of Honor: National Politics in the New Republic
Freeman, Joanne B. (1999), "The election of 1800: a study in the logic of political change", Yale Law Journal, 108 (8): 1959–1994, doi:10.2307/797378, JSTOR 797378
Goodman, Paul (1967), "The First American Party System", in Chambers, William Nisbet; Burnham, Walter Dean, The American Party Systems: Stages of Political Development, pp. 56–89
Hofstadter, Richard (1970), The Idea of a Party System
Kennedy, Roger G. (2000), Burr, Hamilton, and Jefferson: A Study in Character, Oxford University Press
McCullough, David (2001), John Adams
Horn, James P. P.; Lewis, Jan Ellen; Onuf, Peter S. (2002), The Revolution of 1800: Democracy, Race, and the New Republic
Miller, John C. (1959), Alexander Hamilton: Portrait in Paradox
Roberts, Cokie (2008), Ladies of Liberty
Schachner, Nathan (1961), Aaron Burr: A Biography
Schlesinger, Arthur Meier, ed. (1986), History of American Presidential Elections, 1789-1984, Vol. 1 , essay and primary sources on 1800.
Sharp, James Roger. The Deadlocked Election of 1800: Jefferson, Burr, and the Union in the Balance (University Press of Kansas; 2010) 239 pages;
Wills, Garry (2003), "Negro President": Jefferson and the Slave Power, Houghton Mifflin Co., pp. 47–89, ISBN 0-618-34398-9 . . . also listed (in at least one source) as from Mariner Books (Boston) in 2004
External links[edit]
Wikimedia Commons has media related to United States presidential election, 1800.
United States presidential election of 1800 at Encyclopædia Britannica
Presidential Election of 1800: A Resource Guide from the Library of Congress
Documentary Timeline 1787-1800 Lesson plans from NEH
A New Nation Votes: American Election Returns 1787-1825
Vote Archive: Town Map of Election Results in Rhode Island
Vote Archive: County Map of Election Results in Virginia
Overview at Dave Leip's Atlas of U.S. Presidential Elections
Booknotes interview with Bernard Weisberger on America Afire: Jefferson, Adams, and the First Contested Election, February 25, 2001.
Booknotes interview with John Ferling on Adams vs. Jefferson: The Tumultuous Election of 1800, October 3, 2004.
Election of 1800 in Counting the Votes
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text:
Freedom of Information Act 2000
From Wikipedia, the free encyclopedia
Jump to: navigation, search
For a general discussion of freedom of information legislation throughout the United Kingdom, see Freedom of information in the United Kingdom. For the 2007 amendment bill, see Freedom of Information (Amendment) Bill.
Freedom of Information Act 2000
Parliament of the United Kingdom
Long title
An Act to make provision for the disclosure of information held by public authorities or by persons providing services for them and to amend the Data Protection Act 1998 and the Public Records Act 1958; and for connected purposes.
Citation
2000 c. 36
Territorial extent
England and Wales; Scotland; Northern Ireland
Dates
Royal assent
30 November 2000
Commencement
30 November 2000 (part)[1]
30 January 2001 (part)[1]
14 May 2001 (part)[2][3]
Other legislation
Relates to
Freedom of Information (Scotland) Act 2002
Status: Current legislation
Text of statute as originally enacted
Text of the Freedom of Information Act 2000 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk
document
The Freedom of Information Act 2000 (c.36) is an Act of Parliament of the Parliament of the United Kingdom that creates a public "right of access" to information held by public authorities. It is the implementation of freedom of information legislation in the United Kingdom on a national level. Its application is limited in Scotland (which has its own freedom of information legislation) to UK Government offices geo-located in Scotland. The Act implements a manifesto commitment of the Labour Party in the 1997 general election, developed by Dr David Clark as a 1997 White Paper. The final version of the Act is believed[by whom?] to have been diluted from that proposed while Labour was in opposition. The full provisions of the act came into force on 1 January 2005.
The Act is the responsibility of the Lord Chancellor's Department (now renamed the Ministry of Justice). The Act led to the renaming of the Data Protection Commissioner (set up to administer the Data Protection Act), who is now known as the Information Commissioner. The Office of the Information Commissioner oversees the operation of the Act.
A second freedom of information law is in existence in the UK, the Freedom of Information (Scotland) Act 2002 (asp 13). It was passed by the Scottish Parliament in 2002, to cover public bodies over which the Holyrood parliament, rather than Westminster, has jurisdiction. For these institutions, it fulfils the same purpose as the 2000 Act.
Around 120,000 requests are made each year.[4] Private citizens made 60% of them, with businesses and journalists accounting for 20% and 10% respectively.[4] Journalists' requests took up more of officials' time than businesses' and individuals' requests.[citation needed] The Act cost £35.5 million in 2005.[5]
Contents
[hide]
1 Background
1.1 The white paper
1.2 Parliamentary debate
2 Act
2.1 Applicability
2.1.1 Public authorities
2.1.1.1 Hybrid public authorities
2.1.2 Publicly owned companies
2.1.3 Designated bodies
2.2 Right of Access
2.3 Exemptions
2.3.1 Absolute exemptions
2.3.2 Qualified exemptions
2.3.2.1 Class-based exemptions
2.3.2.2 Harm-based exemptions
2.4 Refusing requests
2.4.1 Vexatious requests
2.5 Implementing the act
2.6 Unusual features
3 Reception
4 Facts revealed by the act
5 Amendment bill
6 See also
7 References
8 Further reading
9 External links
Background[edit]
The act implements what was a manifesto commitment of the Labour Party in the 1997 general election. Before its introduction, there had been no right of access to government by the general public, merely a limited voluntary framework for sharing information.
The white paper[edit]
The act was preceded by a 1998 White paper, Your Right to Know, by Dr David Clark. The White paper was met with widespread enthusiasm,[6] and was described at the time as being "almost too good to be true" by one advocate of freedom of information legislation. The final act was substantially more limited in scope than the initial white paper.[7]
Parliamentary debate[edit]
A draft Bill was published in May 1999; the Bill was extensively debated in the House of Commons and the House of Lords, and received royal assent in November 2000.
Act[edit]
Applicability[edit]
The Freedom of Information Act creates a statutory right for access to information in relation to bodies that exercise functions of a public nature, three different kinds of bodies are covered under the act. Public Authorities, publicly owned companies and designated bodies performing public functions.
Public authorities[edit]
In principle, the freedom of information act applies to all "public authorities" within the United Kingdom, a full list of "public authorities" for the purposes of the act is included in Schedule 1. Government departments, the Houses of Parliament, the Northern Ireland Assembly, the Welsh Assembly, the armed forces, local government bodies, National Health Service bodies, schools, colleges and universities, police authorities and Chief Officers of Police are included within this list, which ranges from the Farm Animal Welfare Council to the Youth Council for Northern Ireland. A few government departments are expressly excluded from the scope of the act, principally Intelligence services.
As government departments are closed and created, the act must be continually updated. s4 of the Act empowers the Secretary of State for constitutional affairs to add a body or officeholder to Schedule 1 as a public authority if they are created statute or prerogative; and its members are appointed by the government.[8]
Hybrid public authorities[edit]
It is important to note that for some public authorities listed under Schedule 1, the act has limited effect. For example, the BBC is subject to the act only for information which is not held for the purposes of journalism, art or literature, to prevent its journalistic activities from possible compromise. The scope of this provision was considered in the recent High Court decision of BBC v Sugar an internal BBC document examining the BBC coverage of the Middle East for potential bias. The appellants in that case argued that the document had been produced for both operational and journalistic reasons, and so should not be covered by the partial exemption provided in the act. The High Court rejected this argument; Mr Justice Irwin considered that the meaning of journalism within the act meant that any information held for such purposes was covered by the exemption:
My conclusion is that the words in the Schedule mean the BBC has no obligation to disclose information which they hold to any significant extent for the purposes of journalism, art or literature, whether or not the information is also held for other purposes. The words do not mean that the information is disclosable if it is held for purposes distinct from journalism, art or literature, whilst it is also held to any significant extent for those listed purposes. If the information is held for mixed purposes, including to any significant extent the purposes listed in the Schedule or one of them, then the information is not disclosable.
A 4:1 majority (Lord Wilson dissenting) of the Supreme Court upheld this decision, stating that the disclosure of any information held for the purposes of journalism, art or literature was to be excluded - even if the information was predominantly held for other purposes.
Publicly owned companies[edit]
Companies that fall within the definition of a publicly owned company under s6 of the Act automatically fall within its grasp. S6 provides that a company is publicly owned if:
(a) it is wholly owned by the Crown, or
(b) it is wholly owned by any public authority listed in Schedule 1 other than
(i) a government department, or
(ii) any authority which is listed only in relation to particular information.
Designated bodies[edit]
Under s5 of the act the Secretary of State may designate further bodies as public authorities under the act, provided that those bodies are exercising a function of a public nature or contracting to provide a service whose provision is a function of a public authority.[9] The first order under section 5 (in November 2011) extended the list of public authorities to also include the Association of Chief Police Officers, the Financial Ombudsman Service and UCAS.[10]
Right of Access[edit]
The act creates a general right of access, on request, to information held by public authorities. On receipt of a freedom of information claim a public authority has two corresponding duties. First, a duty to inform a member of the public whether or not it holds the information requested (s1(1)(a)), and second, if it does hold that information, to communicate it to the person making that request (s1(1)(b)). As the corollary to this, the Act thus grants the equivalent rights to a confirmation or denial and communication of relevant information to an individual making a request under the act. The basic duty is supplemented by an additional duty to aid individuals in making requests and ensuring that they frame their FOI requests appropriately. (s.16(1))
However, there are numerous exemptions. Some of these are absolute bars to disclosure; some are qualified, which means the public authority has to decide whether the public interest in disclosing the relevant information outweighs the public interest in maintaining the exemption. An applicant for information who considers that a request has been wrongly rejected may apply to the Information Commissioner, who has the power to order disclosure. However, such orders can be appealed to a specialist tribunal (the Information Tribunal) and in some circumstances the Government has the power to override orders of the Information Commissioner.
Any person can request information under the act; this includes legal entities such as companies. There is no special format for a request. Applicants do not need to mention the Act when making a request. Applicants do not have to give a reason for their request.
Exemptions[edit]
Although the Act covers a wide range of government information, the act contains a variety of provisions that provide for the exemption from disclosure of certain types of information. The act contains two forms of exemption. "Absolute" exemptions that are not subject to any public interest assessment, they act as absolute bars to the disclosure of information and "qualified" exemptions where a public interest test must be made, balancing the public interest in maintaining the exemption against the public interest in disclosing the information. The original Freedom of Information White Paper proposed only seven such exemptions,[citation needed] but the final Bill included 24.
Absolute exemptions[edit]
Exemptions designated "absolute exemptions" have no public interest test attached. The act contains eight such exemptions:
Information that is accessible by other means (s.21)
Information belonging to security services (s.23)
Information contained in court records (s.32)
Where disclosure of the information would infringe parliamentary privilege (s.34)
Information held by the House of Commons or the House of Lords, where disclosure would prejudice the effective conduct of public affairs (s.36). (Information that is not held by the Commons or Lords falling under s.36 is subject to the public interest test)
Information which (a) the applicant could obtain under the Data Protection Act 1998; or (b) where release would breach the data protection principles. (s.40)
Information provided in confidence (s.41)
When disclosing the information is prohibited by an enactment; incompatible with a European Union obligation; or would commit a contempt of court (s.44)
Qualified exemptions[edit]
If information falls within a qualified exemption, it must be subject to a public interest test. Thus, a decision on the application of a qualified exemption operates in two stages. First, a public authority must determine whether or not information is covered by an exemption and then, even if it is covered, the authority must disclose the information unless the application of a public interest test indicated that the public interest favours non-disclosure. Qualified exemptions can be sub-divided into two further categories: class-based exemptions covering information in particular classes, and harm-based exemptions covering situation where disclosure of information would be liable to cause harm.
Class-based exemptions[edit]
Information intended for future publication (s.22)
Information which does not fall within s. 23(1) is exempt if required for the purpose of safeguarding national security (s.24)
Information held for purposes of investigations and proceedings conducted by public authorities (s.30)
Information relating to the formation of government policy, ministerial communications, advice from government legal officers, and the operation of any ministerial private office (s.35)
Information that relates to communications with members of the Royal family, and conferring honours (s.37)
Prevents overlap between FoI Act and regulations requiring disclosure of environmental information (s.39)
Information covered by professional legal privilege (s.42)
Trade secrets (s.43(1))
Harm-based exemptions[edit]
Under these exemptions the exemption applies (subject to the public interest test) if complying with the duty under s.1 would or would be likely to:
Prejudice defence or the capability, effectiveness or security of any relevant forces (s.26)
Prejudice international relations (s.27)
Prejudice relations between any administration in the United Kingdom and any other such administration (s.28)
Prejudice the economic interests of the UK (s.29)
Prejudice law enforcement (e.g., prevention of crime or administration of justice, etc.) (s.31)
Prejudice the auditing functions of any public authorities (s.33)
In the reasonable opinion of a qualified person: prejudice the effective conduct of public affairs; prejudice collective responsibility; or inhibit the free and frank provision of advice or exchange of views (s.36)
Endanger physical or mental health, or endanger the safety of the individual (s.38)
Prejudice commercial interests (s.43(2))
Refusing requests[edit]
Vexatious requests[edit]
A public authority is not obliged to comply with a request for information if the request is vexatious.(s14(1)) A request is considered vexatious if it is ‘obsessive or manifestly unreasonable’, harasses the authority or causes distress to its staff, imposes a significant burden, or if the request lacks any serious value.[11]
Implementing the act[edit]
The Act affects over 100,000 public bodies including government departments, schools and councils. The Act came into force in phases, with the final "general right of access" to public information under the Act coming into force on 1 January 2005.[3][12] As well as the "general right of access", the Act places a duty on public authorities to adopt and maintain pro-active "publication schemes" for the routine release of important information (such as annual reports and accounts). These publication schemes must be approved by the Information Commissioner. In general, public authorities have 20 working days to respond to an information request, though this deadline can be extended in certain cases and/or with the agreement of the requester. Under the Act, public authorities are encouraged to enter into a dialogue with the requester to better determine the information they want, and the format they want it in - in itself, a change in the way UK authorities interact with the public. Requests can be refused if they cost more than £600, including time spent searching for files.[5] The UK Government established the Access to Information Central Clearing House in order to ensure consistency across Central Government in the way requests are handled.
Unusual features[edit]
Three features of the UK Freedom of Information Act deserve special mention, as they differ from the position in many other countries.
Requests by individuals for access to their own personal information are dealt with outside the act for most practical purposes. They are dealt with under the Data Protection Act 1998 once it has been determined that the exemption for first party personal data is engaged, although some key provisions remain applicable e.g. the right of complaint to the Information Commissioner.
Requests for information about matters concerning the environment are dealt with by the Environmental Information Regulations 2004. Those regulations, while similar to the FOIA, do differ in a number of ways.
There is no procedure whereby third parties can challenge a decision by a public authority to disclose information: for instance, if a commercial organisation provides information to a public authority, and the authority discloses that information in response to an FOI Act request, the commercial organisation has no right of appeal against that decision. By contrast, "reverse FOI" applications of this type are common in the U.S.
Reception[edit]
At the time of the passing of the Act, advocates of freedom of information legislation were critical of the bill for its complexity, limited scope and the inclusion of a ministerial veto. Lord Mackay criticised the bill in the House of Lords as "toothless" for its inclusion of a provisions allowing ministers to veto applications.[13]
By contrast, the former prime minister (Tony Blair) responsible for passing the Act regards it as "One of the biggest mistakes of his career". He says that "For political leaders, it's like saying to someone who is hitting you over the head with a stick, 'Hey, try this instead', and handing them a mallet. The information is neither sought because the journalist is curious to know, nor given to bestow knowledge on 'the people'. It's used as a weapon."[14] Labour peer Lord Falconer has criticised the use of the act by journalists for "fishing expeditions" into salacious stories, arguing that "FoI is not for press[,] it is for the people. It needs to be properly used in order to promote good Government. Information needs to be handled responsibly, and I strongly believe that there is a duty of responsibility on behalf of the media as well."[15]
In the article Freedom of Information: A sheep in wolf's clothing? Rodney Austin offers the following criticisms of the substance of the Act:
The range of exemptions is wider than for any other freedom of information act existing in a democratic state.
The obligations to establish publication schemes were diluted meaning that there is no duty to publish information of any specified type.
There is a ministerial veto which undermines the Act. This has been used five times: the first time to stop publication of minutes of cabinet meetings relating to the invasion of Iraq,[16] the second and third time by successive governments to stop publication of cabinet meetings relating to discussions regarding devolution,[17][18] the fourth to stop publication of a risk register on NHS overhaul in England,[19] and the fifth to stop publication of private letters Charles, Prince of Wales sent to a number of government departments.[20]
The legislation has also been criticised for "loopholes" that allow authorities to avoid disclosing information in certain situations. Companies owned by one public authority are generally subject to the Act but companies owned by two or more public authorities are not covered.[21][22]
Facts revealed by the act[edit]
Facts that have been brought to light by this Act include:
The Government agreed to a £1.5 million bailout of one of the most troubled schools in its flagship academies programme ten days before the 2005 general election.[23]
Ministers and MPs claimed thousands of pounds on taxis as part of £5.9 million in expenses for travel.[23]
Foreign diplomats – who have diplomatic immunity – were accused of rapes, sexual assaults, child abuse and murders while working in Britain.[23]
Seventy-four police officers serving with the Metropolitan Police have criminal records.[23]
A clandestine British torture programme existed in post-war Germany, “reminiscent of the concentration camps”.[23]
The UK supported the Israeli nuclear weapons program, by selling Israel 20 tonnes of heavy water in 1958.[24]
The NHS has made available Implanon implants to girls from the age of 13 in an attempt to cut teenage pregnancies.[23]
Amendment bill[edit]
Main article: Freedom of Information (Amendment) Bill
The Freedom of Information (Amendment) Bill was a private member's bill introduced to the British House of Commons in 2007 which failed to become law. Conservative MP David Maclean introduced the bill to ensure that MPs' correspondence was exempt from freedom of information laws. The then leader of the Liberal Democrats, Sir Menzies Campbell, said there should not "be one law for MPs and a different law for everyone else" and that the Bill might make it appear as though "Parliament has something to hide".[25] However, this failed to pass the first reading in the House of Lords.
Further to this, Lord Falconer made comments suggesting that time spent deciding whether or not information fell under an exemption clause should be included in the £600 cost limit. Consultation was carried out, with the government saying the change would cut costs and discourage requests for trivial information,[26] although critics said that it was to keep embarrassing information secret.[5][27][28]
See also[edit]
Campaign for Freedom of Information
Thirty year rule
References[edit]
^ Jump up to: a b Freedom of Information Act 2000, Section 87
Jump up ^ "The Freedom of Information Act 2000 (Commencement No. 1) Order 2001". Statutory Instrument. Ministry of Justice. 30 April 2001. pp. SI 2004 No. 1909 (C.81). Retrieved 7 September 2008.
^ Jump up to: a b "The Freedom of Information Act 2000 (Commencement No. 5) Order 2004". Statutory Instrument. Ministry of Justice. 26 November 2004. pp. SI 2004 No. 3122 (C. 131). Archived from the original on 6 March 2009. Retrieved 7 September 2008.
^ Jump up to: a b "Independent Review of the impact of the Freedom of Information Act: A REPORT PREPARED FOR THE DEPARTMENT FOR CONSTITUTIONAL AFFAIRS", Frontier Economics Ltd, October 2006. Retrieved on 28 May 2012.
^ Jump up to: a b c "Every expense spared", The Economist, 19 December 2006, Number 8532, page 46. Retrieved on 20 July 2011.
Jump up ^ "Freedom of Information Act 2000". The Guardian. London. 18 May 2009.
Jump up ^ Hazel, Robert. "Commentary on: the Freedom of Information White Paper Your Right to Know (Cm 3818)" (PDF). Retrieved 14 April 2017.
Jump up ^ "Section 4". Freedom of Information Act 2000.
Jump up ^ A4ID's legal guide on FOI (PDF), archived from the original (PDF) on 19 October 2013, retrieved 19 August 2013
Jump up ^ "Archived copy". Archived from the original on 19 March 2013. Retrieved 22 February 2013.
Jump up ^ "Information Commissioner's guidance" (PDF). Archived from the original (PDF) on 26 June 2011.
Jump up ^ "The Freedom of Information Act 2000 (Commencement No. 4) Order 2004". Statutory Instrument. Ministry of Justice. 20 July 2004. pp. SI 2004 No. 1909 (C.81). Retrieved 7 September 2008.
Jump up ^ "A-Z of legislation: Freedom of Information Act 2000". The Guardian. London. 18 May 2009. Retrieved 19 September 2011.
Jump up ^ Kettle, Martin (1 September 2010). "World exclusive Tony Blair interview". The Guardian. London. Retrieved 19 September 2011.
Jump up ^ "Lord Williams of Mostyn Memorial Lecture". Archived from the original on 17 January 2009. Retrieved 19 September 2011.
Jump up ^ "Freedom of Information Act 2000: 24 Feb 2009: House of Commons debates - TheyWorkForYou".
Jump up ^ "Cabinet minutes 'to stay secret'". BBC News. 10 December 2009. Retrieved 2 May 2010.
Jump up ^ "Attorney General blocks release of devolution papers". The Scotsman. 8 February 2012. Retrieved 15 May 2012.
Jump up ^ "Ministers block release of NHS risk register". BBC News. 8 May 2012. Retrieved 8 May 2012.
Jump up ^ "Attorney general vetoes Prince Charles letters publication". BBC News. 16 October 2012. Retrieved 16 October 2012.
Jump up ^ "Help Close Freedom of Information Act Loophole / mySociety".
Jump up ^ "Freedom Of Information And Companies Owned By Two Or More Public Authorities (EDM589)".
^ Jump up to: a b c d e f "59 things that would have stayed secret", The Times, 5 March 2007. Archived from the original on 17 May 2009 (accessed 1 May 2016).
Jump up ^ "UK helped Israel get nuclear bomb". BBC. 4 August 2005. Retrieved 4 January 2010.
Jump up ^ "Blair 'no comment' on info bill", BBC, 25 April 2007. Retrieved on 22 June 2007.
Jump up ^ "Bid to put off info time-wasters", BBC, 24 May 2007. Retrieved on 22 June 2007.
Jump up ^ "Change 'will weaken' openness law", BBC, 17 October 2006. Retrieved on 22 June 2007.
Jump up ^ "Ministers to limit openness law", BBC, 14 December 2006. Retrieved on 22 June 2007.
Further reading[edit]
The Law of Freedom of Information (MacDonald, Jones et al.: OUP 2003)
Information Rights (Coppel at al.: Sweet and Maxwell 2004)
Your Right To Know (Brooke, H.: Pluto Press 2006)
External links[edit]
Text of the Freedom of Information Act 2000 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk .
Information Commissioner's Office
Freedom of Information Act Blog (maintained by Steve Wood, Lecturer at Liverpool John Moores University)
Freedom of Information Journal
House of Commons Library Article (An analysis of the implementation of the Freedom of Information Act)
Open Government: a Journal on Freedom of Information. Open access e-journal with peer-reviewed research and commentary on FOI worldwide
WhatDoTheyKnow.com - a web-based system for making and publishing Freedom of Information requests, maintained by mySociety
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