Marbury v Madison

OPENING- SAFE PLANS
Study for Ch. 10 Quiz!
• Jefferson (Democratic
Republicans)
• Hamilton (Federalists)
• S-Strict Interpretation
(State’s Rights
• A-Agriculture (Farmers)
• F-France over Great Britain
• E-Educated and common
man
• P-Propertied and rich
men
• L-Loose Interpretation
• A-Army
• N-National Bank
• S-Strong central
government
Jeffersonian Republic
1800-1812
The Big Ideas Of This Chapter
1. Jefferson’s effective, pragmatic policies strengthened the
principles of two-party republican gov’t - even though
Jeffersonian “revolution” caused sharp partisan battles
2. Despite his intentions, Jefferson became deeply entangled
in the foreign-policy conflicts of the Napoleonic era,
leading to a highly unpopular and failed embargo that
revived the moribund Federalist Party
3. James Madison fell into an international trap, set by
Napoleon, that Jefferson had avoided. The country went to
war against Britain. Western War Hawks’ enthusiasm for a
war with Britain was matched by New Englanders’ hostility.
“We are all Republicans,
we are all Federalists”
Is that true? Economically?
Some historians say they are the same b/w Jefferson and
Hamilton both dealt with rich people - be they merchants
or southern planters
Some historians say they are the same b/c Jefferson did not
hold to his “Strict Constructionist” theory because
1.
Louisiana purchase
2.
Allowing the Nat’l bank Charter to expire rather than
“destroying it” as soon as he took office
1800 Election Results
1800 Election Results
(16 states in the Union)
Thomas
Jefferson
Virginia
Democratic
-Republican
73
52.9%
Aaron Burr
New York
Democratic
-Republican
73
52.9%
John Adams
Massachusetts
Federalist
65
47.1%
Charles Pinckney
South Carolina
Federalist
64
46.4%
John Jay
New York
Federalist
1
0.7%
Total Number of Electors
138
Total Electoral Votes Cast
276
Number of Votes for a
Majority
70
1800 Election Results
(Into the House of Representatives!!)
 1 vote for each State 
Thomas
Jefferson
Virginia
Democratic-Republican
Aaron Burr
New
York
Democratic-Republican
Blank
-------
10 62.5%
4
25.0%
2
12.5%
•Despite their political differences, Hamilton knew that Jefferson was the better
man for the job. Much more qualified than Burr
This deadlock pointed out a flaw in Constitution – as a result 12th amendment
was passed, requiring separate ballots be cast for President and VP
A New Style Of Gov’t
• Jefferson tried to cutback on government
– He appealed to the common man (even wearing
slippers and work clothes in the office!)
• He reduced the size of the army
• Halted an expansion of the navy
• Cut back on costs of govt social functions
http://www.netaonline.org/JeffersonAtDesk.jpg
Significance
First party overturn in history of
the country
Significance: demonstrated the
effect of a two-party system
Significance
Jefferson surprisingly kept most of
Hamilton’s Financial Plan intact
• Kept most of go’vt officials
• Did get rid of excise tax
• Kept the B-FAT
As a president, Jefferson is pragmatist rather than
an idealist
• Alien and Sedition Act expires
• Congress enacted new naturalization law
• *Succeeded in cutting nat’l debt and balancing budget by
cutting gov’t spending.
– Secretary of Treasury Albert Gallatin
– gov’t that governs least, governs best
– Gov’t for the people
JOHN MARSHALL AND THE
SUPREME COURT
•
Federalists are very important in the courts
• Adams appointed John Marshall as Chief Justice; Marshall
served for 30 years
- Marshall’s decisions strengthened the
power of Supreme Court and of federal government
- he solidified the federalist position in the court
THE “MIDNIGHT JUDGES”
• As Adams is about to leave office, he
pushes through Congress the Judiciary Act
of 1801
• He adds 16 new federal judges!
• All the new judges are – you guessed it –
Federalists. (Adams hopes to influence
future federal judiciary decisions this way.)
• As he signed their appointments late on his
last day in office they are called the Midnight
Judges.
JEFFERSON’S REACTION TO ADAMS’
“PACKING THE COURT”
• Furious! – Jefferson argues that some
of the documents authorizing the
appointments had not been delivered
by the time Adams left office, they were
invalid
• THIS LED TO ONE OF THE MOST
IMPORTANT COURT CASES OF ALL
TIME:
– MARBURY v. MADISON
MARBURY v. MADISON 1803
This creates the case of
Marbury v Madison which is one of THE
MOST IMPORTANT COURT DECISIONS
in U.S. history
– to-be-judge Wm. Marbury never got
his papers from J. Madison
– he takes it to court saying the
Judiciary Act of 1789 required
those papers to be delivered
MARBURY v. MADISON 1803
What did the Court say?
1.
Did Marbury have the right to the commission?
•
Pointing to law passed by Congress which told how justices of the peace should be appointed,
the Court said he did
2. Was the gov’t required to make amends?
•
The Court said when gov’t officials (like Madison) hurt people (like Marbury) by neglecting their legal
duties (such as delivering the commission), our laws require that a remedy be found
3. If the gov’t was required to make amends, did that mean that
Madison must be ordered to deliver Marbury’s
commission as Marbury had requested?
•
•
•
•
•
Here is the surprise: Marshal said: YES, a court could issue such an
order, but NO, this was not the right court to issue it
Why wasn’t this the right court to issue it? Marbury had taken advantage
of a part of the Judiciary Act that allowed complaints such as his be taken
straight to the Supreme Court instead of going through the lower courts.
Chief Justice Marshall, however, said that this law was unconstitutional.
The Constitution does say some cases can go straight to the Supreme
Court but other cases must go through lower courts first.
It did not matter that Congress had passed a law saying something
different, because the Constitution is a higher law
When two laws come into conflict, judges must obey the higher of
them - in this case the Constitution
MARBURY v. MADISON 1803
• In others words: The Supreme Court
has power to rule a law by the
Congress unconstitutional • Significance: established Judicial
Review
• Importance: contrast w/ Va Ky
resolutions which claimed states had
the right of review…which is _______
theory
Impeachment of Samuel
Chase
• Jefferson threatens Supreme Court
• Impeachment voted on by House
• Senate did not impeach
• Henceforth, no attempts to
reshape the Court by impeachment
Tripolitan War
1801-1805
• Attack by pirates of N. Africa
• Forced to buy protection
• Pasha of Tripoli declared war
on U.S.
• U.S. Navy led by Stephen Decatur
• “mosquito fleet”
http://z.about.com/d/africanhistory/1/0/8/2/TripolitanWar.jpg
THE LOUISIANA
PURCHASE
• 1800, Napoleon persuades Spain to return Louisiana
to France.
– [Spain had gotten it from France in 1762.]
• Secret Transfer of Louisiana to France worries
Jefferson – a strong French presence mid-continent
may force US into an alliance w/ GB
• Jefferson offers to buy New Orleans and western
Florida from the French
“Let’s Make a Deal”
• Jefferson sends Monroe to negotiate w/
Napoleon
• Napoleon had tried to reconquer
France’s most important island colony
(Saint Dominque, now Haiti), but failed
b/c of Touissant, L’Ouverture
• So Napoleon wants to sell all of
Louisiana!
• Monroe and Livingston (US ambassador
to France) close the deal for $15,000,000
Is the purchase constitutional?
• Jefferson actually doubted that the government
could legally buy Louisiana
– Especially for a “strict constructionist” – since no where
in the Constitution does it say a president can buy land
– It will cost and the debt will rise
– Federalists dislike it b/c new western lands will be loyal
to the Republicans
• But Senate ratified the treaty.
–
–
–
–
–
–
–
Louisiana Purchase more than doubled the size of the US
Western half of richest river valley in the world
Guaranteed Mississippi waterway to the Gulf of Mexico including N.O.
Paved the way for expansion
Ended European expansion in North America
Avoided war w/ France
Boosted American nat’lism
LEWIS AND CLARK
• “The Corps of Discovery” – Jefferson
appoints Meriwether Lewis and William
Clark to explore the new territory
– From St. Louis to the Pacific
– Information about unknown plants and animals
– Learn as much as possible about Native
Americans as they travel through the region
– 2 years and 4 months resulting in acquisition of
invaluable info about the western territories
– Sacajawea serves as interpreter and guide
Burr Conspiracy
Burr vice president under TJ
• Essex Junto: Small group of
Federalist extremists plotted
New England’s secession from
the union and the creation of a
seven-state northern
confederacy
• Federalist-dominated New
England felt threatened by
Jefferson’s political dominance
& the La. Purchase which
would lead to western
expansion
• Tried to get Hamilton to run for
gov’nor of NY then lead the
secessionist mov’t - Hamilton
refused
• They then turned to Burr
• Hamilton defeated Burr in
gov’nor election
• Burr challenged him to a duel
Burr Conspiracy
• 1806 Burr tried to separate western
part of U.S. and unite it w/ to-beconquered Spanish territory west of La.
Territory
• Burr supported James Wilkinson,
military gov’nor of upper La., who later
told Jefferson
• Burr arrested
• John Marshall dropped the case when
2 witnesses for gov’t couldn’t be found
Jefferson reelected in 1804
France vs. Britain
Seas ruled by Britain
Britain at war w/ France
Chesapeake-Leopard Affair
• Br. Commander of the H.M.S. Leopard
demanded surrender of four alleged Br.
Deserters on the U.S.S. Chesapeake - American
cap’t refused
• Leopard fired at the Chesapeake: 3 dead; 18
wounded
• American reaction was the most hostile since the
XYZ Affair (Br. admitted its error)
• Jefferson called for action
– Forbade Br. Ships to dock at American ports
– Ordered st. gov’nor to bring up militia
Embargo Act 1807
• Forbade export of all goods from the
U.S.
– Force Br. And Fr to respect its rights
– Loose interpretationof the Constitution
• Congress’ power to “regulate commerce”
meant it could stop exports
• Undermined Jefferson’s states’ rights theory
It was a disaster!
1807 U.S. exports = $108 million
1808 U.S. exports = $22 million
Repealed 1809
NE trade most affected
Mounds of goods unsold in South
Jefferson gets Congress to pass
tougher laws - NE thinks secession
Non-Intercourse Act of 1809
• Replaced Embargo Act
• Reopened trade with all
nations of the world except Fr
and Br
• Remain U.S. policy until 1812
Why did the Embargo fail?
-He underestimated Br.(Order in Council)
- Napoleon could afford to ignore the
American trade (seized ships)
- Difficult to enforce - costly, smuggling
Why Should You Care?
Shipping tied up and imported goods scarce,
New England reopened old factories.
*Real foundations of modern industrial
industry were laid
Weakened Jefferson’s party
Madison’s Gamble
• Jefferson followed Washington’s
tradition of serving 2 terms.
• James Madison was Jefferson’s
Secretary of State
• Macon’s Bill #2 opened trade to
England and France; made US look
weak
• Eventually lead to US passing an
Embargo against England alone,
England mad!
Tecumseh and the Prophet
• William H. Harrison
• Many in Congress
(future president),
wanted war with England
lead a militia to
(War Hawks)
Tecumseh’s base
• War Hawks also wanted
near the Tippecanoe
to push Indians past the
River (Indiana),
Mississippi
defeated Indians
• 2 Shawnee brothers,
• Pushed Tecumseh’s
Tecumseh and “The
coalition even closer
Prophet” united all
to England; they
eastern Indian nations
would be allies in the
(England supplied
War of 1812.
weapons)
Mr. Madison’s War
• War Hawks, expansionists,
Republicans – Many were itching
for war
• Federalists and New England
against
• Congress declares war against
England in 1812
• New England actually lent money
and food to England!
Thomas Jefferson
Memory Aid Jeffersonian Democracy
“G” I HATE LAMB
“G” allatin- secretary of the treasury who
reduced the nat’l debt
I mpeachment of Samuel Chase
H amilton’s plan kept by Jefferson (except
excise tax)
A agrarian empire (westward expansion)
T ripolitan War
E embargo Act, 1807
L ouisiana Purchase 1803
A rmy reduced in size (Federalist lose
major center of power)
M arbury v. Madison 1803
B urr Conspiracies (1804 in NY, 1806 in
the West)
Jefferson Essays
1.
To what extent were the Jeffersonians successful in
achieving their goals b/w 1801-1809?
2.
To what extent did President Jefferson stay true to the
ideals he held in 1790?
3.
Evaluate the relative importance of domestic and
foreign in issues during 1801 and 1809.
4.
By 1809, which party’s goals had prevailed in American
politics: the Federalists or the Democratic Republicans?
5.
To what extent and in what ways was Jefferson’s
expansionist policies successful?
Presidential Election of 1808
James Madison Becomes
President
Dolly Madison
Madison and War of 1812
To be continued…