APUSH Chapter 11 View (+Marbury vs. Madison)

The Triumphs and Travails of the Jeffersonian Republic, 1800 to 1812

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Lewis and Clark Expedition

"Corps of Discovery" sent by President Jefferson to explore the Louisiana Territory

Marbury v. Madison

1803 Supreme Court case that established the U.S. Supreme Court as the final judge of the constitutionality of congressional actions

In 1801, John Marshall became Chief Justice of the Supreme Court, and redefined its role.

A last-minute Federalist appointee, Marshall eventually served 35 years and participated in over a thousand Court decisions. Marshall wrote over half of those decisions himself, more than any other Justice He greatly expanded the power of the federal government by interpretation and usurpation.

About Thomas Jefferson (1743-1826)

A universal genius: architect, writer, musician, inventor, botanist, linguist, and political philosopher, he hated large crowds and speech-making, and was thin-skinned and shy. Jefferson was the primary author of the Declaration of Independence, the founder and designer of the University of Virginia, and the author of the Virginia Statute for Religious Freedom. He was governor of Virginia during the American Revolution, and the third President of United States.

cont.

Fearing that Napoleon would seek to expand his empire in North America, Jefferson had ambassador Robert Livingston and special envoy James Monroe make an offer to France to purchase New Orleans and Florida. In Europe, Napoleon was occupied with war on the continent, plus rebellion in Saint Domingue. He decided to sell the entire Louisiana Territory! In May of 1803, a treaty that finalized the sale of the Louisiana Territory for $15 million was completed, doubling the size of the United States!

John Marshall

Federalist Chief Justice who "established" the Supreme Court's power of judicial review and greatly expanded federal power in all realms

Jefferson had a different presidential style as well.

Federalists had held expensive public displays to gain respect for the government. Jefferson thought these were aristocratic affectations not befitting a republic, and ended them. In addition, where the Federalists discouraged public criticism, Jefferson invited debate and discussion

Marshall "established judicial review" in Marbury v. Madison (1803)

In 1801, outgoing President John Adams appointed William Marbury (Federalist) to be a judge, however, incoming Secretary of State James Madison (Democratic Republican) refused to give Marbury his appointment, so Marbury sued. In ruling against Marbury, Marshall (who was Chief Justice) also ruled that part of the Judiciary Act of 1789 was unconstitutional (in which he established a loose interpretation of the implied powers of the Court through judicial review).

Jefferson faced several foreign affairs challenges.

In 1805, the Barbary Coast State of Tripoli raised their price for "protection" against pirates. Jefferson refused to pay, sending the small U.S. Navy instead, with the complete approval and authorization of Congress. They defeated the pirates and the "Barbary War" was America's first overseas victory.

In 1803, Jefferson doubled the area of the U.S. by purchasing the Louisiana Territory.

Jefferson believed in the concept of an agrarian republic, and wanted to expand the U.S. westward so more Americans could choose the agrarian lifestyle. The Louisiana Territory was the land west of Mississippi River to the Rocky Mountains; was alternately owned by Spain and France over the past century. France (under Napoleon Bonaparte) owned it during Jefferson's presidency.

Jefferson easily wins the Presidential Election of 1804.

Jefferson easily defeats Federalist Charles C. Pinckney. Aaron Burr dropped as Vice President, replaced by Anti-Federalist George Clinton (former governor of New York). Burr will have plenty of controversy of his own: duel with Hamilton, conspiracy charges, Essex Junto. Jefferson will face various foreign policy difficulties in his second term.

In office...

Jefferson reduced the United States' debt, the government bureaucracy, and the size of the military. He also cut unpopular taxes on land and whiskey. He benefited from increased revenues from foreign trade and the sale of western lands.

Marshall's ruling gave the Supreme Court more power, which was a Federalist goal.

Other Marshall Court decisions greatly expanded legislative and executive powers, too. Marshall's decision set the precedent that the U.S. Supreme Court is the institution that determines the constitutionality of laws ("judicial review"). However this brought about the the notion that this decision means that the federal government has the power to decide what its own powers are.

Jefferson viewed his election as a new American "revolution" based on the "Principles of '76."

Pursued policies consistent with States' rights, majority rule, and laissez-faire economic policies. Jefferson also cut taxes, reduced federal spending, did not renew the Alien and Sedition Act, and battled the Judiciary Act of 1801 and its "midnight judges." **Impeachment of judges • Used military force when necessary and congressionally approved

War between France and Britain brought profits for American merchants but also led to trouble.

The British Navy began stopping American ships and confiscating their cargo. To meet a shortage of sailors, they also began to force or "press" American sailors to serve in the British Navy, a practice called impressment. Chesapeake-Leopard Affair in 1807**

Marshall applied four Federalist principles to his decisions.

The Court's role is to determine if acts of Congress or the President are constitutional, a concept known as "judicial review"- which is not in the constitution, thus there is no power for the court to do that. Federal laws are superior to State laws- this is true ONLY as long as they are constitutional. The Constitution is to be interpreted broadly based on the federal government's "implied powers"- however, if it is implied, then these powers simply don't exist. Contracts should be strictly enforced.

Jefferson asked Congress for an embargo, hoping the loss of American goods would change Britain's policies.

The Embargo Act of 1807 failed to hurt Britain, but American merchants and farmers suffered bankruptcy, unemployment, and loss of profit. Eventually replaced by the Non-Intercourse Act, and then Macon's Bill No.2 (both enacted under the Madison Administration), these specified who would trade with whom. Despite the failure of the embargo, the United States expanded westward, grew economically, and reduced its debt.

Jefferson sent a "Corps of Discovery" led by Meriwether Lewis and William Clark to explore the territory.

The corps was tasked with learning about the climate, plants, seeds, animals, and native people. The Lewis and Clark Expedition was aided by Sacajawea, a Shoshone woman.

Some believe that Jefferson hypocritically contradicted his constitutional philosophy with the Louisiana Purchase.

This was because the deal was so good that Jefferson decided to contradict his "strict construction" principles. (The power to purchase foreign territory is not specifically granted by the Constitution).

embargo

a government order suspending trade, usually to force some political or diplomatic action

Barbary War

actions from 1801 to 1805 against Barbary pirates who demanded protection money for U.S. shipping in the Mediterranean Sea

Interpretation

interpretation of the constitution in way way that benefitted those in power.

Louisiana Purchase

land between the Mississippi River and Rocky Mountains bought by the Jefferson Administration from France in 1803.

impressment

practice of coercing American sailors to abandon U.S. ships and force them to serve in the British navy

bureaucracy

the departments and workers that make up government

judicial review

the supposed power to decide if an act of Congress or the President is constitutional

Usurpation

took federal power by force without any other branches of government to stop him.