The Two-Party SystemTakes Shape

The Republicans Take PowerChapter 9, Section 1

U.S. History – Bridge to APMr. Veliz

The Party System Emerges

• The Election of 1800 – sometimes referred to as the “Revolution of 1800” – ushered in a generation of power for the Democratic-Republicans.

• It was also the beginning of the end of the Federalist Party.

Election of 1800

• Adams (Mass)/Pinckney (SC)/Jay vs. Jefferson (VA)/Burr (NY)

• While candidates don’t campaign in person, the Election of 1800 is bitterly contested by the parties.

• Results bring to light a Constitutional flaw.

What do we do now?

• Popular Vote:– Jefferson 61.4%– Adams 38.6%

• Electoral Vote:– Jefferson 73– Burr 73– Adams 65– Pinckney 64– Jay 1

• Oh no! – How did that happen?

How did we get to 73-73?• What was the Constitutional flaw that led to this

problem?– Electors vote for POTUS and VP separately– The faithless elector problem?– Jefferson 73 – Burr 73– 12th Amendment (1804) solves this problem

The Lame-Duck Congress

• Tie throws election to the House of Reps– Lame-duck (?) House tries to give it to Burr– Jefferson’s unlikely savior – Hamilton – Why?• Jefferson was “by far not so dangerous a man”• he would much rather have someone with wrong

principles than someone devoid of any

– Jefferson is elected on the 36th ballot

Jefferson’s Inaugural

• Adams skips town before Jefferson is sworn in• Jefferson dressed in “everyday clothes”– Symbolic of what?

• “We are all Republicans, we are all Federalists”

• “a wise and frugal government”• Support for states’ rights• Laissez-faire– What is this?

Laissez-faire• The theory or system of government that

upholds the autonomous character of the economic order, believing that government should intervene as little as possible in the direction of economic affairs.

• "It is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest. We address ourselves, not to their humanity but to their self-love, and never talk to them of our own necessities but of their advantages"

ADAM SMITH

How will Jefferson govern?

• Belief in the power of property ownership pushes Jefferson to look west.

• Alien & Sedition expires, and Naturalization Act is repealed

• Reduce the size of the military• Repealed all internal taxes!!– All revenue would come from customs duties and

western land sales

Jefferson and the Courts

• Judiciary Act of 1801– Act set-up regional courts– The lame-duck strikes again – “midnight judges”– Adams makes hundreds of appointments in the last

days of Federalist control– Federalist control of the Judiciary is the goal

• Jefferson responds by refusing to deliver the last remaining appointments.

• William Marbury, a low-level appointee, appeals to the Supreme Court

Marbury v. Madison

• Chief Justice John Marshall denies Marbury’s request to force Jefferson (Madison) to deliver his appointment

• But in his opinion, Marshall laid out the framework for judicial review– Judiciary Act of 1801 is unconstitutional– A landmark decision (?)

Marbury v. Madison

• Judicial Review– The Constitution is the

supreme law of the land– Unconstitutionality– The Judicial Branch’s

responsibility to uphold the Constitution