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This book just got better and better, the more I read.It paints a picture of two men, Marshall and Jefferson, on opposite sides of the Federalism vs. Democratic divide, that includes their philosophy, accomplishments, temperament, ethics, and self-control.The author, Harlow Giles Unger, does not soft-soap their words or actions; it is surprisingly candid and even-handed. I will surely read more by this author.The book does a great job of explaining the relationship of the federal government to the state governments.Today, we take for granted these principals of law; but it took Chief Justice Marshall and many others with foresight to identify and bring into being these principals.The most important of these principals are summarized in the appendix. Their context and issues are more completely described in various chapters.This book deserves a thoughtful reading.Notes while reading:The book I am reading is hard-cover, and has a different sub-title:The Chief Justice Who Saved The NationBut that didnt show as an available edition for this author.Oh, well.Chap 1: Chaos!- A collection of sovereign states or one nation?- The rule of law not whim.- JM raised in a log cabin in the Blue Ridge Mountains- Fought in war, unlike cousin Thomas Jefferson, who bailed to his plantation.- Under-funded war effort, inexperience, mistakes, peril.Chap 2: Commotions- Meets future wife Polly Ambler.- Studies law for a year.- Jefferson bails as Virginia governor.- JM builds law practice.- Ex-soldiers, now farmers and debtors, revolt; Farmers Rebellion of 1786.- The commotions threaten peace and stability.Chap 3: We, Sir, Idolize democracy!- State sovereignty rules.- Articles of Confederation created no central authority.- No powers to tax, raise an army, or ...- Territorial disputes.- General dis-function.- George Washington organizes common commercial interests with Maryland and Virginia.- Other states join in, except RI.- Shay rebellion forces states to forestall the spread of anarchy by strengthening central gov.- Save the nation in peace as they had in war. - May - Sept 1787, convention to amend Articles of Confederation actually wrote the Constitution.- Ratified by 10 states in 1789.Chap 4: Quoits Was the Game- JM resumes his legal career. 2 notable cases:-- With Patrick Henry, defends a man charged with infantcide.-- Again with Henry, pleaded the British Debts Case re pre-war loans.Legal scholars from US and UK cited the case as just and equitable to creditors and debtors.- JM has some time for socializing (quoits), while following his legal interests.- JM declines an appointment by Washington.- Unger states that many of Washingtons former military subordinates also declines other posts.Some of those who did serve, did so only for lust of power.- Family issues claim most of JMs time. He leaves public service, sells his legal practice, and moves to the Blue Ridge Mountains.Chap 5: The Great Divide- Hamilton vs. Jefferson.- Federalism vs. state sovereignty.- French-English war exacerbated the divide.- Washingtons neutrality proclamation.- French envoy Genet stirs up trouble. - Unger continues to blast Jeffersons ethics.Chap 6: The Two Happiest People on Earth- Genet and Jefferson leave the capitol.- The economy is better due to war sales.- Calls to take sides in the French-English are rejected.- Hamilton leaves Treasury but gets 3 allies appointed to War, Treasury, and State.- Jefferson continues to agitate and spread lies.- The Jay Treaty resolves a long-standing uncertainty of land ownership and other matters.-- JM benefits. Can now buy land at a big discount. No more money worries.Chap 7: X, Y, Z- JM plus 2 go to France on a diplomatic mission.- Talleyrand, Bonaparte, and others, demand sweeteners, ie, pay for access.- JM responds: No; and the sequence repeats numerous times, until they return to the US.- Sentiment in the US takes on a more anti-France tone.- Millions for defense but not a cent for tribute.Chap 8: Our Washington Is No More- Ultra-Federalists in congress, 1797, push first of 4 Alien and Sedition Acts, aimed at US French.- Effectively annulling the Bill of Rights.- JM is held in high esteem.- Napoleon defeated in Egypt; France loses around the globe.- JM elected to congress.- Washington dies.Chap 9: Midnight Judges- Loving his descriptions of Jeffersons actions and motives!-- Personalizes the federal vs. state perspective.-- Shows the dirty tricks used by some iconic founding fathers-- Shows just how precarious our young nation was.- Adams adds new justices and nominates JM as Chief Justice.Chap 10: Mr. Chief Justice- Hamilton splits the Federalist party.- Jefferson and Burr tie for president.- 34 votes later, still a tie.- Bayard of Delaware switches to Jefferson.- Astonished the British and Europeans as much as it did the Americans.- First modern time an incumbent party ceded control without violence.- Jefferson has congress repeal the midnight judges and related provisions for two years.- Jeffersons rational: each branch of gov. is the final judge of its proper functions.- which opposes the idea of checks and balances.Chap 11: Party Rage- In Marbury v. Madison, the Supreme Court states the proposition that the President and the Congress must comply with the constitution, as interpreted by the Supreme Court.- Jefferson is strongly opposed.- James Monroe purchases Louisiana territory from France.- Jefferson has 2 judges removed.Chap 12: A Deadly Interview- The impeachment of Supreme Court Justice Chase failed.- Stopped Jeffersons attempts to neuter the high court.- Marshall: our duty is to the constitution - and only to the constitution.- Yet, the justices realized that public comment, or behavior, could make their tasks harder.- Burr resigns as VP.Chap 13: The Trial- Gen. Wilkinson sends letter to Jefferson accusing Burr of leading a conspiracy.- Jefferson repeatedly has officials hound Burr.- Burr is acquitted in all court proceedings.Chap 14: The Court Must Be Obeyed- General perception that Jefferson tries to wreak vengeance on his perceived enemies and expand his personal power.- President Madison sends federal troops to enforce a Supreme Court ruling.- Philadelphia Aurora newspaper: The decree of the Court must be obeyed.- Jefferson, with a lawsuit that might reach the Supreme Court, encourages President Madison on two nominations to the Supreme Court.- Both nominees - Gabriel Duvall and Joseph Story - once on the Court, join with Marshall and the others to produce good, fair verdicts.- British ships attack US ships; country clamors for war; Madison declares war in 1812.Chap 15: An Era of Good Feelings- Navel encounters prompt UK to call for peace negotiations at Ghent, Belgium in 1813.- Napoleons armies fell across Europe and Russia, freeing up UK forces to attack US.- Francis Scott Key observes the defense of Fort McHenry, and produces The Star-Spangled Banner.- Andrew Jackson repels a British attack on New Orleans.- Shortly after, both sides declare the war ended, and returned to the status quo. - Nereide decision: cargo and ship are distinct. During war, can take from enemy not friend.- US UK sign commercial accord, economic prosperity ensues. Westward expansion jumps.- In Martin v. Hunters Lessee, the Supreme Court reasserted the power to overturn court decisions that violated the Constitution.- 1817 President Monroe takes office.Chap 16: The Final Arbiter- Discusses significant cases not previously discussed.- Jefferson tries again to undermine the Supreme Court, saying they are unaccountable and should be elected.- Gibbons v. Ogden. The constitution gives congress the power to regulate commerce.- July 4, 1826, both Adams and Jefferson die.- The Cherokee Acts stripped Cherokees of citizenship and land (and gold), and voided Cherokee laws.- Supreme Court ruled against Georgia; President Andrew Jackson refused to enforce.Appendix: Nine Great Cases- Marbury v. Madison, 1803, Established Supreme Court review of federal laws.- US v. Peters, 1809, asserted supremacy of federal over state authority.- Fletcher v. Peck, 1810, affirmed inviolability of contracts.- Martin v. Hunters Lessee, 1816, asserted treaties as supreme law of the land.- Dartmouth College v. Woodward, 1819, reiterated inviolability of contracts.- McCulloch v. Maryland, 1819, limited state sovereignty, asserted federal over state laws, established principle of federal gov. implied powers.- Cohens v. Virginia, 1821, extended Supreme Court protection to all citizens in every court in the land.- Gibbons v. Ogden, 1824, opened American interstate commerce to free competition.- Worcester v. Georgia, 1832, put the power of federal troops behind enforcement of Supreme Court decisions.
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