Jeffersonian Democracy Thomas Jefferson as President 1801 - 1809 Do Now: Describe some ways that candidates campaign against each other today

The Election of 1800 (REMATCH) Adams vs. Jefferson Americans are divided Naval war with France Foreign relations Growing political tensions Federalist losing popularity

Election of 1800 What happened? How was the issue resolved? Why was the 12th Amendment added?

Modern Campaign Tactics - Slurs and Abuses from both sides - Loyal Newspapers - Philandering and sexual affairs - Jefferson = atheists who loves the French - Will destroy religion because he likes science - Adams = power hungry dictator who wants to make himself king and limit the liberty of Americans (Alien and Sedation Acts)

What happens when the election is tied? First place = president Second place = Vice President Adams clearly looses Jefferson and Burr are tied – 73 votes each Goes to the House of Representatives (who are Federalists Controlled) Needs a 9 state majority to win 35 ballots

Hamilton Dislikes Jefferson DESPiSES BURR Believes Jefferson Is more qualified To be President Convinces the Federalists to choose

12th Amendment (1804) These problems with the voting system led to the passage of the Twelfth Amendment Said that electors must cast separate ballots for president and vice president.

History of Dueling

“Bloodless Revolution” The Election of 1800 is often nicknamed the “Revolution of 1800” – why do you think that is

Jeffersonian Democracy Informal Agrarian Democracy Reduce the size of gov. Army Navy Taxes National Bank Free Trade Power to Farmers

What if…… a school rule was passed that did not allow students to ask any questions during school hours? And……. there was no way to challenge the rule if you thought it was unfair?

Constitutional Structure Federal Government – Three Branches Article I Article II Article III Legislative Executive Judicial Article III Section I: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish….” Checks and Balances/Separation of Powers.

The Judicial Branch Article Three When the U.S. Constitution was written, there were still lots of questions about the judicial branch. In 1789, shortly after the Constitution was ratified, Congress passed the Judiciary Act of 1789, which established the federal court system. 13

Served as Secretary of State Under President Adams John Marshall Served as Secretary of State Had played a key role in shaping Article III (Judicial Branch) in U S Constitution 14

(Democratic-Republican) And the outcome of the elections reveal the next president of the United States is... Thomas Jefferson (Democratic-Republican) Wins the Election!!! Federalists had not only lost the Presidency but they also lost control in Congress.

New President Takes Office Time Lag...between election day and the oath of office for the new President November 1800 Election Day March 1801 New President Takes Office Fear that Federalist Party will no longer exist Federalist Congress passes the Judiciary Act of 1801 and the Organic Act of 1801 The Act gave Adams the power to appoint several new federal judges and justices of the peace before he left office.

Adams gets the last laugh Judiciary Act of 1801 Increases amount of court justices Reduces Supreme Court Midnight Judges Adams fills open positions with Federalists Appoints John Marshall as Chief Justice William Marbury – never has his appointment delivered

Now, we must introduce... One of the judges appointed by President Adams that did not receive his commission Senate Approved Commission Drawn Up Secretary of State Seal Commission Delivered by John Marshall (S of S) NO Commission Checklist William Marbury So many commissions, they could not all be delivered, including Marbury’s Commission!!!

Now President Jefferson takes office and he learns of Adams’s attempt to pack the Court with Federalists. President Jefferson instructs his Secretary of State James Madison to refuse the appointments. President Thomas Jefferson Secretary of State James Madison

I want my job!!! Marbury appeals directly to the United States Supreme Court to gain his appointment. He wanted the Supreme Court to issue an order forcing Secretary of State James Madison to give Marbury his Commission. Basis of argument: The Judiciary Act (Enacted by Congress) gives the Supreme Court the power to issue such an order. (Original Jurisdiction)

Questions before the Court Does Marbury have a right to the Commission? Question 2: Did Marbury have a right to take the case to the United States Supreme Court? (He did so because of the Judiciary Act of 1789) 22

Question 1: Does Marbury have a right to the Commission? And the final answer to Question 1 is… YES When the seal was affixed Chief Justice Marshall: Where there is a right, there must be a remedy. **Marbury wins Question 1** 23

Question 2: Does Marbury have the right to take the case to the Supreme Court? CONFLICT!!! Judiciary Act of 1789 The Supreme Court has original jurisdiction in this case. US Constitution Article 3: The Supreme Court has original jurisdiction in specific cases only.

The Commission cannot be granted. Question 2 And the final answer to Question 2 is… NO The Commission cannot be granted. The United States Constitution is the Supreme Law of the Land. That section of the Judiciary Act is unconstitutional.

Marbury vs. Madison Marshall is stuck Appointment will be ignored Backs – court looks weak Declares Judiciary Act unconstitutional (section on establishing courts) Judicial Review Who won?

Unanimous decision In a unanimous decision, written by Justice Marshall, the Court stated that Marbury, indeed, had a right to his commission. But it also ruled that the Court had no jurisdiction (or power) in the case and could not force Jefferson and Madison to seat Marbury. The Judiciary Act of 1789 gave the Supreme Court jurisdiction, but the US Constitution did not. The Court’s first responsibility is to uphold the Constitution. When there is a conflict, the Constitution prevails.

The Supremacy Clause (Article VI, Section 2) United States Constitution If there is a conflict between a lower law and a higher one, the higher one “wins.” Acts of Congress The U.S. Constitution is the “Supreme Law of the Land.” State Constitutions State Statutes (laws) City and County Laws 28

Louisiana Purchase Spain gives land to France France sends troops to Caribbean Jefferson plays both sides Talks alliance with England Sends James Monroe to France to buy Louisiana and Florida

Deal of a Lifetime!!!! Napoleon needs $$$ Napoleon offers all of it for 15 million Doubles the size of the USA 828,000 sq. miles 4 cents an acre IS THIS CONSTITUTIONAL?

Constitution Issues with the Purchase The Constitution did not directly give Jefferson the authority to buy new territory for the nation. Jefferson and his fellow strict constructionists decided that the right to acquire territory was implicit in the president’s constitutional power to make treaties.

Lewis and Clark Commissioned by Jefferson Establish relations Notes about new land 1804 – 1806: 33 – 50 men depart Meriwether Lewis Committed suicide (depressed) William Clark lived a healthy life Sacagawea Died at 28, Son was raised by Clark

Issues of Neutrality Why was the United States having a hard time staying neutral? What does impressment mean? (In regards to the British practice during this time) What effects did the H.M.S. Leopard v. U.S.S. Chesapeake event have on public opinion?

Issues of Piracy How did the Barbary States of North Africa pose a threat to the early country? How had Washington and Adams handled the Barbary pirates? How did Jefferson handle the declaration of war

Jefferson and the Embargo What was Jefferson’s plan to deal with neutrality? What did the Embargo Act of 1807 and Non-Intercourse Act of 1809 attempt to do? What effects did these actions have? How does Jefferson’s foreign policy compare to the ideals stated in Washington’s Farewell Address?

Foreign Policy Europe is a battleground Britain Controls sea Jefferson wants to stay neutral Americans making $$$$ No one respects America Britain seizes 1,000 ships Can make sailors serve them Chesapeake Incident – kills 3 soldiers France seizes 500 ships What would you do if you were Jefferson???

Barbary Wars 1800 Pirates in Tripoli demand tributes Jefferson refuses $225,000 up front 25,000 in yearly payments (Protection money) Jefferson refuses 4 years of war = Marines

Embargo Act 1807 Ban on All Exports – IS THIS A GOOD IDEA? Who was hurt? Merchants Exports dropped to 108 million Used to be 200 million Lifted in 1809 War with England and/or France seems inevitable Non-Intercourse Act 1809

Rank the Foreign and Domestic Policies of Washington, Adams, and Jefferson 1. 2. 3. Explain your rankings and compare to modern times Foreign 1. 2. 3.

Washington, Adams, and Jefferson Compare/Contrast – Domestic affairs, Foreign Policies, etc.