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To: AndyJackson
Yes, this whole line of argument is nonsense.

There is a political backstory to this. In the election of 1800, Jefferson's Republicans defeated Adams' Federalists and took control of the presidency and the Congress. Under the Constitution as it existed at that time, the election was in November but the new President and Congress didn't take office until March.

Before the Republicans could take office, the lame-duck Federalists, fearing that they would be shut out of power, passed legislation vastly increasing the number of federal judges, including increasing the size of the Supreme Court, and Adams quickly appointed a slew of judges who were quickly confirmed by the lame-duck Federalist Congress. One of these judges was Adams' Secretary of State, John Marshall, who was appointed Chief Justice of the Supreme Court.

Jefferson, fearing that the Federalist judges would frustrate his policies, began spreading the story that judicial review was an illegitimate power not contemplated by the Constitution.

12 posted on 02/23/2018 7:03:12 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Thanks. Interesting details.


13 posted on 02/23/2018 7:07:27 PM PST by AndyJackson
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