Examkin

Question

Difficulty: MediumThe Marshall Court and Judicial Nationalism

Read the following excerpt from a letter written by Thomas Jefferson to Abigail Adams in 1804:

"Nothing in the Constitution has given them [the judges] a right to decide for the Executive, more than to the Executive to decide for them. . . . The opinion which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the Legislature & Executive also in their spheres, would make the judiciary a despotic branch."

Which of the following historical developments during the early nineteenth century was Jefferson reacting against in this excerpt?

  1. A
    Attempts by political opponents to reinstate the decentralized system of the Articles of Confederation
  2. The Supreme Court's assertion of the authority to declare acts of Congress unconstitutionalAnswer
  3. C
    Decisions by the Marshall Court that restricted the expansion of federal power relative to state power
  4. D
    The Federalist Party's advocacy for a strict construction of the Constitution to limit the powers of the president

Answer

The Supreme Court's assertion of the authority to declare acts of Congress unconstitutional
The correct answer describes the principle of judicial review, which was established by the Supreme Court in the case Marbury v. Madison (1803). In his letter, Thomas Jefferson expresses his deep concern that allowing the judicial branch to determine the constitutionality of laws passed by the legislature and executed by the president would undermine the separation of powers and make the judiciary 'a despotic branch.'

Step-by-Step Solution

1
Analyze the text of the stimulus to determine the author's primary concern.
The author is criticizing the idea that judges have the exclusive right to decide the constitutionality of laws for all branches of government.
This establishes that the author is reacting to the doctrine of judicial review.
2
Identify the historical context based on the author (Thomas Jefferson) and the date (1804).
The letter was written shortly after the Supreme Court's landmark ruling in Marbury v. Madison (1803).
In Marbury v. Madison, Chief Justice John Marshall established the principle of judicial review, which Jefferson and other Democratic-Republicans strongly opposed.
3
Connect the critique of judicial review to the correct historical development in the options.
The Supreme Court's assertion of the authority to declare acts of Congress unconstitutional represents the power of judicial review.
This matches Jefferson's opposition to the judiciary deciding the constitutionality of legislative and executive actions.

Key Concept

The establishment of judicial review by the Marshall Court, which expanded federal judicial power and drew opposition from Democratic-Republicans who favored strict construction.
Rate this question

Topics

The Marshall Court and Judicial Nationalism

More questions from this topic