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Marbury v. Madion and Judicial Revew
© 2009 Pearson Education, Inc.
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Republican Agrarianism
What got him elected (The Revolution of 1800)? Universal white manhood suffrage TJ emerged as a strong president with strong party backing. TJ’s ideal was an agrarian republic of roughly equal yeoman farmers (yeoman is a man who owns his own land). America’s abundant land allowed TJ to envision a nation of small family farms. Refer to photo of Thomas Jefferson. © 2009 Pearson Education, Inc.
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Tall, ungainly, and diffident in manner, Thomas Jefferson was nonetheless a man of genius: an architect, naturalist, philosopher and politician. His political philosophy, republican agrarianism, is illustrated by this symbol of the Philadelphia Society for Promoting Agriculture, in which the farmer exemplifies Jefferson’s hopes for America. As he said, “those who labor in the earth are the chosen people of God.” . © 2009 Pearson Education, Inc.
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Can the government create a bank?
Enumerated Powers Implied Powers Jefferson answers “No!” U. S. Constitution, Article 1, section 8 “Congress shall have power to. . .” does not specifically name the power to create a bank. Strict construction Limits the power of the federal government Preserves maximum state sovereignty Hamilton answers “Yes!” U. S. Constitution, Article 1, section 18 “make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” “elastic clause” Loose construction Creates a “floating” limit to federal sovereignty
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An Independent Judiciary
While removing Federalist officeholders, many of whom were “Midnight Judges,” Jefferson provoked a landmark Supreme Court decision. Marbury v. Madison did not restore William Marbury to his post, but it established the principle of judicial review and an independent judiciary. Chief Justice John Marshall, a Federalist, believed in a loose construction. © 2009 Pearson Education, Inc.
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An Independent Judiciary
While removing Federalist officeholders, many of whom were “Midnight Judges,” Jefferson provoked a landmark Supreme Court decision. Marbury v. Madison did not restore William Marbury to his post, but it established the principle of judicial review and an independent judiciary. Chief Justice John Marshall, a Federalist, believed in a loose construction. © 2009 Pearson Education, Inc.
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