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TAMU HIST 105 - Hist 105 19

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Hist 1053/6/19John Marshal Chief Justice, Marbury vs. Madison 1803, midnight judges – writ of mandamus asking for a judicial order. Political war of impeachment between republican and federal congress. If there was conflict between court and president now president would likely be impeached, but in 1803 power of Judicial Review (Judicial Supremacy) Supreme Court didn’t have the power to enforce Court judgement. Court would be exposed to be completely powerless, Supreme Court would be badly damaged. Find a decision that would avoid a confrontation but at the same time assert the power of the court.Courts of Original Jurisdiction – power of first case, Courts of Appellate Jurisdiction – power of review. John Marshal has come to the wrong court needs Appellate but Supreme Court is an Appellate Jurisdiction. Refuses writ of Mandamus since part of the law of congress conflicts with the constitution. Saves Supreme Court from destruction.America should always be a land of small independent farmers, chosen people of God – Thomas Jefferson. Agrarian lifestyle even though Jefferson was a gentleman farmer, live a life of “Independency” self-autonomy. Right of communities to govern themselves – collective/ cooperate life. Using sale of public land to raise revenue for government, public land policy that will sell land in small pieces that ordinary people can buy, and people buy in credit. 640 acres smallest entire purchase must be paid up front, smallest parcel 320-160-80 acres. Purchase of the Louisiana Territory of 1803, New Orleans to Montana and Idaho – doubles the size of America overnight. Purchases from France, interested in acquiring New Orleans, once you cross the mountains best place is connection of multiple rivers. First response, as president do I have the power to do this. $15 million dollars, sell its stock in Hamilton’s bank to raise the cash to buy Louisiana. Lewis and Clark expedition explore the northern regions, Zebulon and Pike explores the southern regions. Giant insurance policy, always be reserve land for future farmers. Hi pbro


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