The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential DemocracyThe ink was barely dry on the Constitution when it was almost destroyed by the rise of political parties in the United States. As Bruce Ackerman shows, the Framers had not anticipated the two-party system, and when Republicans battled Federalists for the presidency in 1800, the rules laid down by the Constitution exacerbated the crisis. With Republican militias preparing to march on Washington, the House of Representatives deadlocked between Thomas Jefferson and Aaron Burr. Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis. Ackerman shows how Thomas Jefferson counted his Federalist rivals out of the House runoff, and how the Federalists threatened to place John Marshall in the presidential chair. Nevertheless, the Constitution managed to survive through acts of statesmanship and luck. Despite the intentions of the Framers, the presidency had become a plebiscitarian office. Thomas Jefferson gained office as the People's choice and acted vigorously to fulfill his popular mandate. This transformation of the presidency serves as the basis for a new look at Marbury v. Madison, the case that first asserted the Supreme Court's power of judicial review. Ackerman shows that Marbury is best seen in combination with another case, Stuart v. Laird, as part of a retreat by the Court in the face of the plebiscitarian presidency. This "switch in time" proved crucial to the Court's survival, allowing it to integrate Federalist and Republican themes into the living Constitution of the early republic. Ackerman presents a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. |
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To any contemporary reader , Johnson's meaning was clear : the Federalist
understanding had been rendered irrelevant by a fundamental transformation of
public opinion ” wrought by the Republican success in sustaining their revolution
over ...
The meaning , says the cynic , is brutally obvious . You can do anything you like if
you're president of the Senate . You can even count your rivals out on the basis of
a blatantly invalid ballot . But this is too quick . Jefferson's actions in 1801 ...
... the office thereby created and expressly granted to them in their commissions ,
within the meaning of those words in the constitution ? When , at the same time ,
it is Judge Bassett's Protest 291.
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LibraryThing Review
Ulasan Pengguna - nbmars - LibraryThingAckerman theorizes that the U.S. actually had two constitutions: one written in 1787, and the other in 1800. The first constitution placed emphasis on the Congress, assuming that the country could ... Baca ulasan lengkap
LibraryThing Review
Ulasan Pengguna - WarnerToddHuston - LibraryThingGreat book - But maybe a bit overstated I very much enjoyed "The Failure of the Founding Fathers" by Bruce Ackerman. His research into the contemporary controversies and arguments made during the ... Baca ulasan lengkap
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America on the Brink | 3 |
The Original Misunderstanding | 16 |
John Marshall for President | 36 |
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The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of ... Bruce ACKERMAN Pratinjau terbatas - 2009 |
The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of ... Bruce A. Ackerman Pratinjau terbatas - 2005 |
The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of ... Bruce ACKERMAN Pratinjau tidak tersedia - 2007 |