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Subtitle: Jefferson, Marshall, and the Rise of Presidential Democracy:
Belknap Press, Harvard Univ., 2005, 384 pgs., index, end notes, test of
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Reviewer Comment - The author's purpose is to show that the original
Constitution was flawed in specifics and fundamentally flawed in the concept
that the enemy of good government was factions. It did not recognize that
parties based on ideology would develop, not that the president's office would
be based on plebiscites. He also believes that it was not the Marbury decision
but the Stuart case that was critical in defining judicial review. The Marshall
court acquiesced to Jefferson's Republicans in abolishing the Circuit Courts
which resulted in the survival of Justice Case from impeachment.
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Some chronology: Feb 4, 1803 Jefferson campaign to rid the Supreme
Court of Federalists. He wanted to impeach District Judge John Pickering -
March 12, 1804 Jefferson next wanted to impeach Samuel Chase - John Randolph
was in the House - Feb 17th the Federalists yielded on the 36th ballot - 1800
James Bayard led Federalists - James Monroe the Governor of Virginia and Thomas
McKean of Pennsylvania - Monroe prepared state militia to march on Washington
D.C. to support Jefferson. The New England militia was also called. Adams had
reduced the U.S. Army size. Jefferson favored an uprising of Republican
militias leading to a new convention. The Republican mob assembled in DC.
With the 1804 election we did not have the same Constitution as before 1800.
The 12th Amendment by Republicans - The Stuart Marbury compromise was essential
to the survival of the Supreme Court as independent. The change was to prevent
a Federalist V. P - the Republicans were for a plebiscite President. the
Electoral College no longer was viewed as the means for selecting a
non-partisan statesman as president. The Amendment transformed the executive
into a reliable instrument of Party rule.
The 1804 Republican landslide - the Chase vote was 19-15, not enough to
impeach. This was the turning point but not the end. The Jefferson Revolution
became the Constitutional law.
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Introduction
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Part I
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Chapter 2 -
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Chapter 3 -
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Chapter 4 -
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Part II:
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Chapter 6:
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Chapter 7:
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Chapter 8:
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Chapter 9:
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Part III
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Chapter 11:
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Chapter 12:
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Chapter 13:
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Chapter 14:
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Chapter 15:
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Part IV:
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Chapter 17:
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Chapter 18:
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Conclusions:
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Appendix I
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Appendix
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