Rating: 3 out of 5 stars
3/5
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What Kind of Nation: Thomas Jefferson, John Marshall, and the Epic Stru
Rating: 3.5 out of 5 stars
3.5/5
()
About this ebook
What Kind of Nation is a riveting account of the bitter and protracted struggle between two titans of the early republic over the power of the presidency and the independence of the judiciary.
The clash between fellow Virginians (and second cousins) Thomas Jefferson and John Marshall remains the most decisive confrontation between a president and a chief justice in American history. Fought in private as well as in full public view, their struggle defined basic constitutional relationships in the early days of the republic and resonates still in debates over the role of the federal government vis-à-vis the states and the authority of the Supreme Court to interpret laws.
Jefferson was a strong advocate of states' rights who distrusted the power of the federal government. He believed that the Constitution defined federal authority narrowly and left most governmental powers to the states. He was suspicious of the Federalist-dominated Supreme Court, whose members he viewed as partisan promoters of their political views at the expense of Jefferson's Republicans. When he became president, Jefferson attempted to correct the Court's bias by appointing Republicans to the Court. He also supported an unsuccessful impeachment of Federalist Supreme Court Justice Samuel Chase.
Marshall believed in a strong federal government and was convinced that an independent judiciary offered the best protection for the Constitution and the nation. After he was appointed by Federalist President John Adams to be chief justice in 1801 (only a few weeks before Jefferson succeeded Adams), he issued one far-reaching opinion after another. Beginning with the landmark decision Marbury v. Madison in 1803, and through many cases involving states' rights, impeachment, treason, and executive privilege, Marshall established the Court as the final arbiter of the Constitution and the authoritative voice for the constitutional supremacy of the federal government over the states.
As Marshall's views prevailed, Jefferson became increasingly bitter, certain that the Court was suffocating the popular will. But Marshall's carefully reasoned rulings endowed the Court with constitutional authority even as they expanded the power of the federal government, paving the way for later Court decisions sanctioning many pivotal laws of the modern era, such as those of the New Deal, the Great Society, and the Civil Rights Act of 1964.
In a fascinating description of the treason trial of Jefferson's former vice president, Aaron Burr, James F. Simon shows how Marshall rebuffed President Jefferson's claim of executive privilege. That decision served as precedent for a modern Supreme Court ruling rejecting President Nixon's claim that he did not have to hand over the Watergate tapes.
More than 150 years after Jefferson's and Marshall's deaths, their words and achievements still reverberate in constitutional debate and political battle. What Kind of Nation is a dramatic rendering of a bitter struggle between two shrewd politicians and powerful statesmen that helped create a United States.
The clash between fellow Virginians (and second cousins) Thomas Jefferson and John Marshall remains the most decisive confrontation between a president and a chief justice in American history. Fought in private as well as in full public view, their struggle defined basic constitutional relationships in the early days of the republic and resonates still in debates over the role of the federal government vis-à-vis the states and the authority of the Supreme Court to interpret laws.
Jefferson was a strong advocate of states' rights who distrusted the power of the federal government. He believed that the Constitution defined federal authority narrowly and left most governmental powers to the states. He was suspicious of the Federalist-dominated Supreme Court, whose members he viewed as partisan promoters of their political views at the expense of Jefferson's Republicans. When he became president, Jefferson attempted to correct the Court's bias by appointing Republicans to the Court. He also supported an unsuccessful impeachment of Federalist Supreme Court Justice Samuel Chase.
Marshall believed in a strong federal government and was convinced that an independent judiciary offered the best protection for the Constitution and the nation. After he was appointed by Federalist President John Adams to be chief justice in 1801 (only a few weeks before Jefferson succeeded Adams), he issued one far-reaching opinion after another. Beginning with the landmark decision Marbury v. Madison in 1803, and through many cases involving states' rights, impeachment, treason, and executive privilege, Marshall established the Court as the final arbiter of the Constitution and the authoritative voice for the constitutional supremacy of the federal government over the states.
As Marshall's views prevailed, Jefferson became increasingly bitter, certain that the Court was suffocating the popular will. But Marshall's carefully reasoned rulings endowed the Court with constitutional authority even as they expanded the power of the federal government, paving the way for later Court decisions sanctioning many pivotal laws of the modern era, such as those of the New Deal, the Great Society, and the Civil Rights Act of 1964.
In a fascinating description of the treason trial of Jefferson's former vice president, Aaron Burr, James F. Simon shows how Marshall rebuffed President Jefferson's claim of executive privilege. That decision served as precedent for a modern Supreme Court ruling rejecting President Nixon's claim that he did not have to hand over the Watergate tapes.
More than 150 years after Jefferson's and Marshall's deaths, their words and achievements still reverberate in constitutional debate and political battle. What Kind of Nation is a dramatic rendering of a bitter struggle between two shrewd politicians and powerful statesmen that helped create a United States.
Author
James F. Simon
James F. Simon is the Martin Professor of Law and Dean Emeritus at New York Law School. He is the author of seven previous books on American history, law, and politics. His books have won the American Bar Association’s Silver Gavel Award and twice been named New York Times Notable Books. He lives with his wife in West Nyack, New York.
Read more from James F. Simon
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Reviews for What Kind of Nation
Rating: 3.5789473999999997 out of 5 stars
3.5/5
19 ratings2 reviews
- Rating: 4 out of 5 stars4/5This is a kind of popular history of the effort by John Marshall to make the Federal government stronger than Jefferson thought it should be. The history of the conflict between Jefferson's ideas as to the strength of the Federal Government and Marshall's views is well told. Since Marshall was on the Supreme Corut tfrom 1801 till he died in 1834 his views prevailed--I think to the benefit of the country. All the big Marshall cases, from Marbury v. Madison on, are discussed, as well as the Aaron Burr treason trial. I found the book made the events that it related easy to understand and full of interest.
- Rating: 4 out of 5 stars4/5The title does not fully reflect the author's priorities. This book focuses on John Marshall and three of his major decisions. As Thomas Jefferson happened to be president at that time and often took an opposing viewpoint to Marshall, the title is still merited, even if the two men's opinions were in far greater agreement than the author makes believe. The book is divided into eleven chapters, starting with the conflict between Adams and Jefferson before giving an excellent summary of the two protagonists' careers. The main part of the book is devoted to three decisions of Marshall: Marbury v. Madison, the impeachment of Justice Chase and the trial of Aaron Burr.Despite their different political views, Jefferson and Marshall had a lot in common. After all, they were both Virginians, Marshall's mother being Thomas Jefferson's cousin, lawyers and brilliant thinkers, working to help the nascent United States of America and its government machine grow. Both played Calvinball with the Constitution. Marshall was, for over a month, both chief justice and secretary of state - a clear violation of the separation of powers principle and did not recuse himself from Marbury v. Madison despite having his and his brother's fingers all over the case. Jefferson acquired the Louisiana territory in an extra-constitutional manner. Together, they achieved to create some sort of balance between the judicial and executive service, shown in Marshall's elegant handling of America's dirty founding father, Aaron Burr. The checks, Marshall imposed on Jefferson, were just the sort the Adams presidency lacked - which might explain the difference of their long-term impact.
Book preview
What Kind of Nation - James F. Simon
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