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rise of political parties
thomas jefferson influence on america
rise of political parties
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Lenora Spahn
9/22/00
Thomas Jefferson
I. Thomas Jefferson
A. Born- April 13, 1743 in Shadwell, Va.
B. Died- July 4, 1826
II. Background
A. Educational- College of William and Mary (1760-1762), 5 year apprenticeship studying law under George Wythe.
B. Occupational-
1. Began to practice law on his own: representing small scale planters from western countries involving land claims and titles.
2. House of Burgesses, elected 1768: Opposed all forms of Parliamentary taxation and supprted nonimportation resolutions against British trade regulations. 3. Committee of Correspondence, 1773: Served as a makeshift Central
Government for colonies and advocated that colonies refuse to pay any duty leveled by Parliament.
4. Virginia Convention in Richmond Virginia, 1775: Virginia, the largest colony decided towards liberty for America.
5. Continental Congress, 1776: Chosen to write the Declaration of Independance, telling reasons for fighting against England (aloing with Benjamin Franklin,
John Adams, Roger Sherman and Robert Livingston).
6. Governor of Virginia, 1779: dealt with the lack of money, weaponry and soldiers during the end of the Revolution.
7. Virginia Delegate to Congress, 1783: Designed a new system of money for the
U.S. Based on 10.
8. First Secretary of State, 1790: Under President Washington-
1. In charge of post office, office for inventions and office of money
2. Set rules for weights and measure.
3. Established foreign relations
9. Vice President under John Adams, (1796-1800): One of his only duties was to preside over the Senate- since there were no clear rules, wrote A Manuel of
Parliamentary Practice.
III. Terms Of Office
A. First Term (1801-1805) Wed. March 4, 1801, inaugurated 3rd president of the United
States.
B. Second Term (1804-1809)
IV. Prominent Issues of the Elections
A. Since electors did not state which of the two candidates they prefer, there was no way to decide which of the candidates should become President. Jefferson was elected in a second election held in the House of Representatives, and soon legislation was passed that each person would vote for one candidate for president and one for vice-president. V. Opponent
A. First Term- John Adams, Aaron Burr
B. Second Term- Charles C. Pickney
VI. Vice Presidents
A. First Term- Aaron Burr
B. Second Term- George Clinton
VII. Political Party- Democratic-Republican
VIII. Domestic Events
A. Ohio enters the Union, 1803: Despite efforts from the Federalists, Ohio became the
17th state on March 1, 1803.
B. Mabury vs. Madison, 1803: Jefferson failed to uphold the law by refusing to appoint
Marbury as justice of the peace in the district of Columbia.
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his intuitive ability to maintain a balance of power, suppress rising sectionalism, and unite the states under the Federal Government.
Many people today argue that McCulloch v. Maryland is one of the most important Supreme Court cases in United States history. Three main points were made by Chief Justice Marshall in this case, and all of these points have become critical and necessary parts of the U.S. Government and how it functions. The first part of the Supreme Court’s ruling stated that Congress has implied powers under a specific part of the Constitution referred to as the Necessary and Proper Clause. The second section of the ruling determined that the laws of the United States are more significant and powerful than any state laws that conflict with them. The last element addressed by Chief Justice Marshall was that sovereignty of the Union lies with the people of the
Madison as he was in the Louisiana Purchase, he was still a key player in this episode that redefined the Judiciary branch of American government. Jefferson had just taken over the presidency from John Adams, a member of the rival Federalist Party, who, during his last days in office, had many of his fellow Federalists assigned offices in the Judiciary, including the Chief Justice of the Supreme Court, John Marshall (Goldfield 277). Jefferson and his Secretary of State, James Madison, resented this Federalist grab for power and refused to give one of the appointees his position. This appointee, William Marbury, used the Judiciary Act of 1789 to take the issue to court (277). However Marshall, did not rule that Marbury be given his appointment by Jefferson, who had been actively removing Federalist Judges and would likely choose not to acknowledge Marshall’s authority (277). Marshall took a different approach, instead of giving Marbury his appointment, he declared the Judiciary Act of 1789 unconstitutional because it gave the Supreme Court authority that was beyond what was outlined in the Constitution (277). By taking away some of his own authority, Marshall gave the Supreme Court the formidable ability to declare laws unconstitutional (277). Interestingly, it would never have happened if Jefferson and his administration had not have taken action (or in this case lack of action) against the appointment
Accordingly, Chief Justice Marshall ruled that Marbury and the others received appointments via the appropriate procedures governed by law, thus had the justification to a writ, as well as, the fact that the law needed to accord a solution to the dilemma. Furthermore, Marshall maintained the courts were responsible to ensure individual rights even if they were contrary to presidential design. As to the Supreme Courts authority to issue such a writ per the Constitution, Marshall ruled that the Constitution addresses this issue in Section 13 of the Judiciary Act of 1789, which grants the right to do so, but this one was unconstitutional because it did not involve a case of original jurisdiction, thus would be invalid (LAWNIX, n.d.). Hence, the Supreme Court could not issue a writ of mandamus; therefore, Marbury received a denial for his commission. Because of this decision, even though Marbury did not obtain his commission, the long- term effect of this monumental decision magnified the power of the Court to mandate via judicial review what a law proclaims, thus establishing the court as the final arbitrator of the
John Marshall, Supreme Court Justice, created legal precedence in the historical case, Marbury v. Madison in 1803. Throughout history he is portrayed as the fountainhead of judicial review. Marshall asserted the right of the judicial branch of government to void legislation it deemed unconstitutional, (Lemieux, 2003). In this essay, I will describe the factual circumstances and the Supreme Court holdings explaining the reasoning behind Chief Justice Marshall’s conclusions in the case, Marbury v. Madison. Furthermore, I will evaluate whether the doctrine of judicial review is consistent with the Constitution and analysis the positive effects of the doctrine in American politics.
Maryland was delivered by the Chief Justice John Marshall. Chief Justice Marshall spoke for a unanimous court (7-0) that rejected the defendant’s argument. The decision was based on Maryland’s assertion that since the U.S. Constitution was ratified by the states, the states were sovereign. Marshall denied the claim and stated that since the U.S. Constitution was a tool of the people and not of the states, the federal government reigned supreme over the states. He said “…the Government of the Union, though limited in its powers, is supreme within its sphere of action….”. The court also agreed with McCulloch that the U.S. Constitution was intended to serve as an outline of ideals easily understood by the public and open to interpretation. Chief Justice Marshall went on to declare that the “necessary and proper” clause granted the Congress the powers need to carry out its duty. In conclusion, Chief Justice Marshall wrote “Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are
The case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress increased the number of circuit courts. Adams sought to fill these new vacancies with people who had Federalist backgrounds. To accomplish this, he used the powers granted under the Organic Act to issue appointments to 42 justices of the peace and 16 circuit court justices for the District of Columbia. Adams signed the appointments on his last day in office and they were subsequently sealed by Secretary of State John Marshall. However, many of the appointments were not delivered before Adams left office and Jefferson ordered the deliveries stopped when he took charge. Marbury was one of Adams’ appointees for justice of the peace. Marbury brought a case before the Supreme Court seeking a writ of mandamus compelling the new Secretary of State James Madison to deliver the appointment.
The issue that the case resolved was itself of little significance. It was all based on an issue of political patronage, pitting the ascendant Jeffersonians against the upcoming departing Federalists. The feud between them was intense and came to a full out blood bath at court. The case can only be understood against the background of the election of 1800, in which Thomas Jefferson defeated the incumbent president, John Adams, and his Democratic-Republican party also gained control of the Congress (McNamara). In those days, there was a long lame duck period between the November election and the inauguration of a new president (The Charters of Freedom).
In this paper four subjects on the Electoral College will be addressed. These four subjects are: What is the Electoral College? Why did the founding fathers create the Electoral College? What are some major criticisms of the Electoral College? Should we keep it? Before these questions are addressed it should be noted that many people were not aware of the existence of the Electoral College, perhaps even the Author of this paper.
Jefferson’s first act as president was to tell Secretary of State James Madison to withhold the midnight appointment of William Marbury to the office of Justice of the Peace of the District of Columbia. Marbury sued for the appointment President Adams had given him and Chief Justice John Marshall ruled in his favor. The case Marbury vs. Madison set the precedent of the courts right to judicial review of the other branches of government.
...hat Congress had no power to change the original jurisdiction, therefore finding the Judiciary Act unconstitutional. This is where the problem of judicial review arose in this case. Marshall found an act of congress unconstitutional and declared it null and void. This meant that Marbury, in addition to the rest of the judges and justices added by Adams, never had the right to be in the position they were in, and therefore Madison did not have to issue their commissions.
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican government, he and his fellow justices sought to perpetuate their Federalist principles in the United States’ court system. In one of the most memorable court cases of all time--the case of Marbury v. Madison-- Marshall established the idea of judicial review and strengthened the power of the judicial branch in the government. Abiding by his Federalist ideals, Marshall decided cases that would explicitly limit the power of the state government and broaden the strengths of the national government. Lastly, the Marshall Court was infamous for determining the results of cases that dealt with the interpretation of the Constitution and the importance of contracts in American society. The Marshall Court, over the span of a mere three decades, managed to influence the life of every American citizen even to this day by impacting the development of the judicial branch, establishing a boundary between the state and national government, and making declarations on the sanctity of contracts ("The Marshall Court"...
John Adams, the previous Federalist president, lost the Election of 1800 to Thomas Jefferson, a Democratic-Republican. Before Jefferson took office, Adams decided to appoint as many Federalists into the Supreme court as he could, including William Marbury, all of whom needed to be commissioned in order to be officially sworn in. However, Jefferson took office before the commissions could be handed out, and he ordered his Secretary of State, James Madison, to not deliver the commissions. Marbury proceeded to ask Marshall for a writ of mandamus (found in Section 13 of the Judiciary Act), forcing Madison to issue the commissions. This dispute between Marbury and Madison sparks the famous case. The dilemma here is the differences in interpretation. Some viewed Section 13 as unconstitutional, as it added power to the Judicial Branch, disrupting checks and balances. Others saw that “Marbury had been duly appointed…[and] the writ of mandamus [was] to be an appropriate legal remedy for resolving Marbury’s dilemma”(Clinton 86). Marshall wanted to issue the...
Best, Judith A. The Choice of the People? Debating the Electoral College. England: Rowman & Littlefield Publishers, Inc., 1996, pgs. 43-44.