The Handy American History Answer Book. David L. Hudson
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Название: The Handy American History Answer Book

Автор: David L. Hudson

Издательство: Ingram

Жанр: История

Серия: The Handy Answer Book Series

isbn: 9781578595471

isbn:

СКАЧАТЬ What was the XYZ Affair?

      The XYZ Affair refers to a failed peace mission (1797–1798) between three American envoys (Charles Cotesworth Pinckney, John Marshall, and Elbridge Gerry) and three agents of the French foreign minister Charles-Maurice de Talleyrand (Jean Conrad Hottinger, Pierre Bellamy, and Lucien Hauteval). Talleyrand instructed his envoys to refuse negotiations with the American envoys unless Talleyrand received a personal payment (in actuality, a bribe) of $25,000 and a $10 million loan to France. The three Americans refused and negotiations ended, exacerbating tensions between the two countries. Adams later referred to the three French agents as X, Y, and Z.

      What was the Quasi-War?

      The Quasi-War was the name given to the conflict between France and the United States between 1798 and 1800. French and American vessels fought at sea for much of that time, though there never was a formal declaration of war.

      How was the U.S. Supreme Court created?

      Article III, Section 1 of the U.S. Constitution provided that “the judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” The Constitution was adopted in 1787 and ratified in 1788. However, the Constitution did not create the U.S. Supreme Court. Congress passed a law known as the Judiciary Act of 1789, which created the Court and established its jurisdiction. The Judiciary Act of 1789 called for six justices on the Court—a chief justice and five associate justices.

      Who was the principal author of the Judiciary Act of 1789?

      Oliver Ellsworth of Connecticut was the principal author of the Judiciary Act of 1789. A member of the Philadelphia Convention of 1787, Ellsworth became a U.S. senator when the Senate first convened in 1789. He was elected chair of the committee designed to follow the dictates of Article III of the new Constitution to create a federal judicial system. William Paterson from New Jersey, another member of the 1787 Convention and an original U.S. senator, also assisted in the drafting of the Judiciary Act of 1789. Both Ellsworth and Paterson later became justices on the U.S. Supreme Court. They were both classmates at the College of New Jersey (later Princeton College) before they entered politics.

      Who were the first six justices on the U.S. Supreme Court?

      The first six justices on the U.S. Supreme Court were John Jay (chief justice), John Rutledge, William Cushing, James Wilson, John Blair, and James Iredell. Robert H. Harrison was one of the first six justices nominated to the Court, but he declined the nomination because of poor health. In his place, President George Washington nominated Iredell of North Carolina.

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      John Jay was the first chief justice of the U.S. Supreme Court, serving from 1789 to 1795. He was the second governor of New York state from 1795 until 1801.

      When did the U.S. Supreme Court initially meet?

      The U.S. Supreme Court initially met on February 2, 1790, in the Royal Exchange Building on New York City’s Broad Street. The Court met on the second floor of the building in the afternoons, as the New York state legislature met there during the morning hours. A year later, the Court convened in Philadelphia, the new national capital. The U.S. Supreme Court did not meet in Washington, D.C., until February 2, 1801.

      Why is John Marshall considered the greatest of the chief justices?

      In his 1996 biography of Marshall, author Jean Edward Smith referred to the chief justice as “the Definer of the Nation.” Marshall’s opinions gave the U.S. Supreme Court and the judicial branch the power and respect they deserved. He did this in many ways. For example, he persuaded his colleagues to drop the practice of in seriatim opinions, where each justice would speak and issue his own opinion. Under Marshall, the Court often spoke in one unified voice—many times through Chief Justice Marshall himself. He also established the principle of judicial review in Marbury v. Madison (1803), which gave the judiciary the power to review the constitutionality of legislation and executive regulations. As Supreme Court Justice Sandra Day O’Connor wrote in her book The Majesty of the Law: “It is no overstatement to claim that Chief Justice Marshall fulfilled the Constitution’s promise of an independent federal judiciary.”

      Another factor of Marshall’s greatness is that he was the first chief justice to serve for a significant period of time. Marshall served thirty-four years on the Court. In comparison, the first chief justice, John Jay, served only six years, and John Rutledge and Oliver Ellsworth served shorter periods of time. Justice Oliver Wendell Holmes, who served from 1902–1932, believed part of Marshall’s greatness lay in his “being there” during the formative period of the nation. But Marshall was more than just an accidental force of history. He had great leadership abilities that enabled him to guide the Court during his lengthy term as the Chief.

      What were the underlying facts of Marbury v. Madison?

      Federalist President John Adams was leaving office, having suffered defeat at the hands of his vice president and political rival, Thomas Jefferson of the Democratic-Republican party. The Federalist Congress quickly passed a new judiciary act that created many new judgeships, including forty-five justice of the peace positions. Adams’s secretary of state, none other than John Marshall himself, then had to sign the commissions for these “midnight justices” for them to take office.

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      Chief Justice John Marshall is still considered the greatest justice to lead the U.S. Supreme Court in all of American history. He served on the bench from 1801 to 1835.

      Unfortunately, Marshall did not have time to deliver all the commissions before the new Jefferson Administration took over the White House. Seventeen justices of the peace, including William Marbury, did not receive their commissions before Jefferson assumed office. Marbury sued Jefferson’s secretary of state, James Madison (our future fourth president), asking the Court to issue a writ of mandamus forcing Madison to deliver Marbury his commission.

      What did the Court rule in Marbury v. Madison?

      Chief Justice John Marshall, who seemingly had a bit of a conflict of interest, wrote the opinion for the Court. He noted that Marbury was entitled to his commission, as he had been appointed by the president, confirmed by the Senate, and otherwise qualified for the position. The Court also determined that Madison wrongfully withheld Marbury’s commission from him.

      However, Marshall also ruled that Marbury’s suit must fail because Section 13 of the Judiciary Act of 1789, which authorized the Court to issue writs of mandamus, was unconstitutional. Marshall reasoned that Section 13 conflicted with Article III of the U.S. Constitution, which provided that the Supreme Court had only appellate jurisdiction (not original jurisdiction) over Marbury’s case. In other words, Marshall reasoned that Section 13 was unconstitutional, because it attempted to confer original jurisdiction to litigants such as Marbury, but the Constitution provided that the Court had only appellate jurisdiction, meaning the suit had to be filed in the lower courts. Marshall explained that “the jurisdiction had to be appellate, not original.”

      Marshall explained that the Supreme Court had the power of judicial review—the ability to determine the constitutionality or unconstitutionality of laws. He famously wrote that “it is emphatically the province and duty of the judicial department to say what the law is.”

      What happened СКАЧАТЬ