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The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy by Ackerman, Bruce
First Edition
Book Description
Cambridge, Massachusetts, U.S.A.: Belknap Press, 2005. First Edition. Hard Cover. New/New. The 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, this 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 threated to place John Marshall in the presidential chair. Nevertheless, the Constitution managed to survive through acts of statesmanship and luck. The 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 integrage Federalist and Republican themes into the living Constitution of the early republic. 384 pages, including documents, notes, and an extensive index. 8vo - over 7¾" - 9¾" tall.
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