Essay on JEFFERSONIAN REPUBLICANISM

The Supreme Court was established in 1789, with its powers stated in Article III of the newly-ratified United States Constitution. In the years leading up to the Marshall era, the Court was little more than a shadow of its future self. It lacked both the prestige and authority of the latter 19th century. John Jay–and his successors, Rutledge and Ellsworth–oversaw few cases, and ever fewer significant ones. Often cited as an example of the early Court’s inefficiency, their most

Two competing political philosophies have always existed throughout the United States’ relatively short history: one seeking to increase the power of the central government, and one seeking to decrease it. During the 1800s these two conflicting philosophies were acted out by the Federalist and the Democratic Republican parties, respectively. The Federalists, led by Alexander Hamilton, advocated the importance of a strong central government in leading the country forward, while the Democratic Republicans, led by Thomas Jefferson, promoted increasing the common man’s role in government. Although both political parties had good intentions for the future of the United States, the Federalist Party was much more effective at uniting the American

In Republican eyes, the Judiciary Act was a pathetic final attempt by the Federalist party to establish itself in one of the three branches of government. Jeffersonians condemned the act, and it was immediately repealed the year after its passage. The repeal of the Judiciary Act took out 16 Federalist judicial

By 1817 the great American experiment was in full swing. America was developing into an effective democratic nation. However as the democracy continued to grow, two opposing political parties developed, the Jeffersonian Republicans and the Federalists. The Jeffersonian Republicans believed in strong state governments, a weak central government, and a strict interpretation of the Constitution. The Federalists saw it differently. They opted for a powerful central government with weaker state governments, and a loose interpretation of the Constitution. The seemingly solid divide between Federalist and Republican would begin to blur during the presidencies of Thomas Jefferson and James Madison.

Background: Born on September 24, 1755 in Virginia, John Marshall started his life pursuing the practice of law and held multiple political positions throughout his life. He was a lieutenant and later captain of the Continental Army during the Revolutionary War. After 1781, Marshall left his military position to pursue law. Even though his formal training was short lived, Marshall began his law career in the 1780s.

When Adams lost the election, he lost control over the federalist courts. Soon after that, the judicial act of 1807 was established. The mighty judge was William Marbury. William Marbury had debated with James Madison. Marbury lost the debate. This was the Supreme Court first time where they stuck down a law as unconstitutional for judicial review.

As a Federalist, Adams tried to remain Federalists in the government offices in order for Federalists to take advantages of political issues. Judiciary Act of 1801 is one of the Adams last struggles during his administration. He appointed Federalists judges which came to be known as the midnight judges and tried to keep them in the Court (The American Pageant, Pg.218). Therefore, in the case of a trial between the Federalists and the Democratic-Republicans, the Federalists were able to stand over the Republicans. However, the establishment of judicial review prevented political parties from passing these unreasonable acts planned for their own

The Judiciary Act of 1789 established a six member supreme court. It was comprised of one Chief Justice and five Associate Justices. It had jurisdiction over all civil actions between states, or between a state and the United States. Also in the act it created thirteen Judicial Districts. Within these Judicial Districts were circuit courts and district courts.

The Revolution of 1800 marked a new era for the United States: The Jeffersonian era. The Jefferson era was full of conflict, partisan zeal, and peaceful power. Although the peaceful transition of power from John Adam’s federalism to Thomas Jefferson’s republicanism marked a new era, to a significant extent Thomas Jefferson did not follow his original republican philosophies and policies he campaigned on during his presidency. Although Thomas Jefferson established Republican views such giving power to the states while campaigning to be president, during his presidency he abandoned these views to a significant extent, which is shown by the establishment of the Embargo Act, the Louisiana Purchase and subsequent Expedition, and Jefferson using the Militia to fight the war of 1812.

Chief Justice John Marshall had ruled, the original Judiciary Act of 1789 could be unconstitutional, it gave the Supreme Court merit to issue writs of mandamus. By this action the Supreme Court would force the executive branch to hand over the appointment. Now that the act was ruled unconstitutional by the Supreme Court, Marshall administered the 1801 act was violated, the Supreme Court would not have the authorization to coerse the government to certify Marbury's appointment.

On September 24, 1789, George Washington passed the Federal Judiciary Act. This act established courts in the United States; however, congress could create lower federal courts (Judiciary Act, 1789). Twenty years later, after the revolutionary war, the act was revoked as unconstitutional because Congress had more power than any other branch. On February 24, 1803 the Marbury vs. Madison case was held. This case created and pushed the idea of judicial review, meaning that laws needed to be approved by the judicial branch before they become laws (Marbury vs. Madison, 1803).

Back in 1800, John Adams was President of the United States and was approaching the end his first term and lost his bid for reelection to Thomas Jefferson. Adams and Jefferson where of two opposing parties (Adams Federalists, Jefferson Republican) and the Federalist were losing their grip on the white house, before Jefferson could officially take office Adams was still President for a few more months. Adams used his remaining time in power to persuade Congress to pass the Judiciary act of 1801, giving Adams the power appoint several new judges. Adam’s plan was to make Jefferson’s Presidency as hard as possible by packing the court with Federalist who would naturally oppose any policies from Jefferson’s Republican Administration. Adams was fairly successful in doing this and was able to appoint 39 new judges but failed to deliver 3 commissions to would be judges, one of them being William Marbury.

A recurring theme that is explored throughout the topic of conflict with the courts is politics and power. After Republicans gained control of the executive and legislative branches of government, the judiciary is regarded with suspicion for harboring Federalist beliefs. After Jefferson was inaugurated, his supporters in Congress launched a attack on these judges, by attempting to repeal the Judiciary Act. The Marbury v. Madison case resulted in a conflict over constitutionality, making a historic moment when the court ruled that although Madison had to perform his official duty of transmitting appointments, the Court had no authority to make him do it. The Court concluded that Congress exceeded had exceeded its

This case has its origin in the Federalist defeat in the 1800 elections when they lost control of the House, Senate, and the Presidency to the Democratic-Republicans lead by Thomas Jefferson. The Federalist lame duck Congress passed the Judiciary Act of 1801 which re-organized the District Courts, stopped the Supreme Court members from riding circuit, reduced the Supreme Court from six members to five, at the next vacancy, and established16 new federal judgeships that could be filled by outgoing Federalist President, John Adams. President Adams nominated loyal Federalists to the new judgeships and

Back in the year 1801, President John Adams used his last few days as president to appoint a large number of federalist justices. However, even though all of the commissions were approved by the senate, Thomas Jefferson told the clerk not to deliver them. Due to this order, William Marbury did not receive his commission. Angered by this, he went to the courts whle citing Section 13 of the Judiciary Act of 1789 to issue writs of mandamus. However, the courts did not think that Jefferson and Madison would endorse this claim because they believed the the court should not have the authority to interfere with the executive.