The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy
Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.
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The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy
Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.
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The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy
Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis of 1800, presenting a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective. Through close studies of two Supreme Court cases, Ackerman shows how the court integrated Federalist and Republican themes into the living Constitution of the early republic.
Bruce Ackerman is Sterling Professor of Law and Political Science at Yale University.
Table of Contents
CONTENTS PART ONE The People’s President Introduction: America on the Brink 1. The Original Misunderstanding 2. John Marshall for President 3. Jefferson Counts Himself In 4. On the Brink 5. What Went Right? PART TWO The People and the Court Introduction: Constitutional Brinksmanship 6. Federalist Counterattack 7. Republican Triumph 8. Marbury v. Stuart 9. Presidential Purge 10. Synthesis 11. Reverberations DOCUMENTS Horatius’s Presidential Knot Judge Bassett’s Protest Notes Acknowledgments Index