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The Jeffersonian Crisis: Courts and Politics in the Young Republic - Richard E. Ellis
The Jeffersonian Crisis: Courts and Politics in the Young Republic
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4.50 10
In 1801, with the first change of administration under the Constitution, the thorny question of the role of the judiciary could no longer be avoided. In an important new assessment of the Jeffersonian period, Richard E. Ellis examines the question of the relationship of an independent judiciary... show more
In 1801, with the first change of administration under the Constitution, the thorny question of the role of the judiciary could no longer be avoided. In an important new assessment of the Jeffersonian period, Richard E. Ellis examines the question of the relationship of an independent judiciary to the development of American democracy in one of its earliest phases: the struggle that took place over the judiciary on both the national and state level during the Jeffersonian era.

Mr. Ellis discusses the repeal of the Judiciary Act of 1801, the background of the Marbury v. Madison decision, and the impeachment trials of Judges John Pickering and Samuel Chase. He goes on to analyze the debate over judicial reform in the states between 1796 and 1808, focussing on key developments in Kentucky, Pennsylvania, and Massachusetts and re-evaluating the role of radicals and moderates in both parties. The constitutional issues at stake are fully explored here for the first time in their political context--the context in which the participants themselves saw them.

In a concluding section, Mr. Ellis links his findings to the broad question of law and society in post-revolutionary America and its implications for a redefinition of Jeffersonian democracy.
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Format: paperback
ISBN: 9780393007299 (0393007294)
Publisher: W. W. Norton & Company
Pages no: 376
Edition language: English
Category:
History
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Community Reviews
markk
markk rated it
4.5 The formation of the American judicial system
When the American colonists broke away from Britain in the 1770s, one of the first challenges they faced was constructing new governments for their states and their nation. Though the details differed, three common factors defined the parameters of what they produced: their British constitutional he...
EricCWelch
EricCWelch rated it
In 1787, Richard Spraight wrote a friend, “If the judiciary acted as a check on legislature, then who was to act as a check on the judiciary?” Ring a bell? It would seem there are so many basic conflicts inherent in our system that we have yet to resolve. Ellis focuses on the relationship of jud...
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