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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.
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...
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Lincoln justified his action via the suspension clause, claiming that Congress was in recess and therefore could not fulfill its duty at the time. The Constitution itself specifically references habeas corpus and acknowledges that it can be suspended “in cases of rebellion,” however, as Chief Justice Roger Taney asserted in the ruling of Ex parte Merryman (1861), the writ of habeas corpus falls exclusively in the hands of Congress in Section 9 of Article 1“without the slightest reference to the executive branch.” Additionally, Article 6 provides all persons accused the “right to a speedy and public trial by impartial jury of the state.” Both provisions, Justice Taney stated, are in “language too clear to be misunderstood by anyone.” The ruling concluded by declaring that President Lincoln’s actions in suspending habeas corpus in Maryland were unconstitutional as he did so without proper congressional authorization. According to the U.S. Circuit Court of Appeals in Maryland, Lincoln had overstepped his appropriate executive authority as
... “inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice”? (Hamilton.Jay.Madison 105) With an end reminding us of the tough qualifications judicial offices must have met to get into office. “Hence it is that there can be but few men in the society who will have sufficient skill in the laws to qualify them for the station of judges.” (Hamilton.Jay.Madison 106)
For the most part, the connection between the Presidential election process of 1788 and the present Presidential election procedure are both determined through the Electoral College process. The Electoral College process made sure people played a crucial role in the selection of the President of the United States. As was previously stated, I have expounded on the process of how the President is elected; the vital role that people played in the election, and the responsibility of the House of Representatives in response to 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
If the candidate doesn't win the electors' votes, then they will not have a chance of winning.
Under the process of the Electoral College, a member of the general electorate casts a vote for the candidate in the set party but since there’s no federal law that requires elector to vote for their set candidate. The elector doesn’t have to cast a vote for the initially agreed candidate. However, twenty-nine states and the district of Columbia have states law that bounds electors to casted their vote to whichever party thy have pledged to but still there are 21 states in the union that have no control. Therefore, despite the outcome of a state’s popular vote, the state’s elector have the freedom to vote in whatever manner they so choose to without any legal repercussions (Kimberling, 2000). Even in the states with the laws, the repercussion is slim to nothing. For example, during the 2000 elections, Barbara Lett-Simmons was an electoral from the District of Columbia in the Democratic party and see didn’t cast a vote for presidential candidate President Al Gore when she was supposed to. She didn’t have any repercussion but it calls doubt from the American people in the electoral college because if the vote isn’t going to the candidate in which it supposed to be then why is there even an electoral college. So since the electors of the electoral college isn’t going to vote for the candidate in which they pledge to then faithless electors show the
The case involved several questions the Supreme Court had to answer. The first question was whether or not Marbury had a right to the commission. The Court decided that he did have the right because the appointment was issued while Adams was still in office and took effect as soon as it was signed. The next question was to determine if the law gave Marbury remedy. The Court found that the law did provide remedy for Marbury. Adams signed the appointment and Marshall sealed it thereby giving Marbury legal right to the office he was appointed to. Therefore, denying delivery of the appointment to him was a violation of his rights and the law provides him remedy. The third question was to determine whether the Supreme Court had the authority to review acts o...
When Jefferson came into office, he planned to institute the policies of the Democratic-Republicans in domestic affairs. The judicial system had gained a lot of power through the Federalists which forced Jefferson to attempt to shrink their influence. He ultimately prevailed, and even reduce...
Originating in 1787, the Electoral College was created as the official body within American politics that elects the president and vice president. The decision of who will win is based off the vote totals in each state, and “the founding fathers established it in the constitution as a compromise between election of the president by a vote in Congress and election of the President by a popular vote of qualified citizens.” (U.S. National Archives and Records Administration, “What is the Electoral College?”). During this time, the job of the Electoral College was to make peace between differing states and federal interest groups, provide popular participation in elections, give a vote to less populated states, and keep the president’s powers separate from Congress.
In response to the Reconstruction Acts of 1867 the state of Mississippi brought suit against the President of the United States, Andrew Johnson, claiming that the laws were un-constitutional. The opinion of the court was given by the Chief Justice, and ruled that an injunction against the president could not be made for duties performed by the president within his duties delineated in Article II of the Constitution. In the ruling the court explained the president’s role in this specific case was not ministerial as the state of Mississippi had argued but was rather an act based on his executive and political duties. Quoting Chief Justice Marshall the court explained that an attempt by the judicial branch to oversee such duties would be “an absurd and excessive extravagance.” The opinion further explains that even though the court in this case is not being asked to tell the executive what it must do but rather telling it what it cannot do, the court must not stray from the underlying principle. Thus, the ruling in this case is that the President of the United States cannot be sued to prevent the carrying out of his/her executive responsibilities.
Shugart, Matthew. "Elections: The American Process of Selecting a President: A Comparative Perspective." Presidential Studies, 34, 3 (September 2004): 632-656.
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"...