Jefferson, the President

Judicial Review

Election of 1800

Did NOT like each other…(Palin vs. Hillary Clinton x10)

First Negative Campaigns

• Jefferson:
• Robbing a widow and her children of a trust fund
• Father of children with his slave women
• Atheism
• Adams:
• Hamilton turned on him
• Debt
• Taxes

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• JOHN ADAMS is a Lame Duck President --The election was decided on Feb. 17, 1801. Jefferson did not take office until Mar. 4, 1801.
• What is the most influential legacy a president can leave?
• JUDGES
• Federalist controlled Congress passed a new Judiciary Act, creating new courts.
• March 2, 1801, Adams appointed 42 Federalist to these courts.
• March 3, 1801, appointments approved by Congress and signed by Adams and his Secretary of State John Marshall.
• Marshall failed to deliver 25 of the commissions and left them on the desk for the next Secretary of State, James Madison, to deliver.

• March 4, 1801: Thomas Jefferson takes office
• James Madison, as new Sec. of State, finds appointments—Jefferson instructs not to deliver.

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• William Marbury is one of the midnight judges
• Sued in court for the delivery of his commission—specifically he requested a writ of mandamus.

writ of mandamus

• Def: means "we order" in Latin, is the name of one of the prerogative writs in the common law, and is a court order directing someone, most frequently a government official, to perform a specified act.
• Courts given the right to issue writs of mandamus by the Judiciary Act of 1789

• Marshall is now the Chief Justice
• Big decision???

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Questions to Consider:

• Why would the President appoint people who are members of his same political party?� 
• Why do you think Thomas Jefferson did not want the people Adams appointed to get their jobs?� 
• Who is Chief Justice John Marshall likely to agree with? Why?� 

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Questions to Consider:

• When the Supreme Court of the United States makes a decision, how do they get people to obey it? In other words, who enforces it?

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• If the Court issued a writ to force Madison, a member of the executive branch, to deliver the commission to Marbury, who would enforce it?� 
• How would Chief Justice Marshall and the other members of the Court look to the public if they made a decision and people refused to obey it?� 

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Marbury v. Madison

Read the play together as a class.

Questions to Consider:

• According to Article 3, Section 2, Clause 2 of the Constitution, does the Supreme Court of the United States have original jurisdiction to issue writs of mandamus?� 
• If Congress passes a law that conflicts with the Constitution, which one are we required to follow: the new law or the U.S. Constitution?

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Why unconstitutional?

Original Jurisdiction granted to the Supreme Court by the Constitution

How did judicial review strengthen the judicial branch?

The Supreme Court has used its power of judicial review to overturn as unconstitutional:

• 150+ acts of Congress
• 1,000+ state laws
• Majority are involved with civil liberties and rights

The Revolution of 1800

Revolution?

• Check the growth of government power
• Peaceful transfer of power
• First party overturn in American history

Jefferson’s 1^st Inaugural

• “The will of the majority is in all cases to prevail.”
• “We are all Republicans, we are all Federalists.”
• “honest friendship with all nations, entangling alliances with none.”

Jefferson, the President

• Naturalization Law of 1802
• 14 to 5 years
• Repealed the Excise Tax
• Reduce the military
• Tripolitan War
• “Jeffs”

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The Louisiana Purchase

Louisiana Purchase

• Port of New Orleans closed to American trade in 1802
• Jefferson sent Monroe to negotiate to buy Louisiana.
• Doubled the size of the U.S.

Expanding Nation

• Label the Pacific, Atlantic Ocean and the Gulf of Mexico
• Label the Mississippi River and Missouri River
• Label the Rocky Mtns and Appalachian Mtns.

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At the time Thomas Jefferson was living…

1. there were woolly mammoths roaming the West.
2. there was a tribe of blue-eyed Indians living in the West who spoke Welsh, the language of people from Wales, a region on the west coast of the island of Great Britain.
3. there was a river or series of connected rivers, starting at the Mississippi, that crossed the western mountains and reached the Pacific Ocean.
4. the Blue Ridge Mountains were taller than the Rocky Mountains.
5. the West had many erupting volcanoes.
6. unicorns could be found in the West.
7. there were mountains in the West made of undissolved salt.
8. some beavers in the West were seven feet tall.
9. buffaloes were friendly and had slim waists.
10. Peruvian llamas roamed the West.

TRUE OR FALSE?

The Corps of Discovery

• Explore the region
• Establish friendly relations with Native Americans
• Study their habit, language and the wildlife
• Detailed maps
• 45 men for expedition
• 20 soldiers accustomed to living in the woods
• Specialists in Native American sign language, gun repair, and carpentry.
• Sacagawea
• Reached the Pacific Ocean the next year

Journal Entries

LEWIS AND CLARK AND THE CORPS OF DISCOVERY: JOURNAL ENTRIES

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Questions to consider:

1. What discoveries did they make?

2. What hardships did they endure?

3. What do you learn about the weather?

4. What do you learn about the wildlife?

5. What do you learn about their relationships with the Native Americans?

6. What do you learn about the land?

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