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The Constitution in Congress: The Jeffersonians, 1801-1829 (Hardcover, 2nd Ed.)
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The Constitution in Congress: The Jeffersonians, 1801-1829 (Hardcover, 2nd Ed.)
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Because of the judicial branch's tremendous success in reviewing
legislative and executive action in the United States, legal
scholars have traditionally looked mostly to the courts for
guidance in interpreting the Constitution. This, the second book in
David P. Currie's series, looks to the legislative and executive
branches-whose members swear to uphold the Constitution just as
judges do-for insights into the development of constitutional
interpretation.
Having examined the Federalist period in the previous volume,
Currie now turns to the period of Republican hegemony from the
inauguration of Thomas Jefferson in 1801 to the inauguration of
Andrew Jackson in 1829. During this time Republicans, mostly
Virginians, occupied the President's House, and their party
dominated Congress. Many benchmark issues were decided during this
time of great leadership and controversy-the abolition of the new
Circuit Courts, the Louisiana Purchase, the Burr conspiracy, the
War of 1812, the Monroe Doctrine, and the Missouri Compromise.
These issues, and many others, became constitutional controversies,
as politicians sought to apply the broad principles laid out in the
constitution to concrete, often unforeseen, events. As Currie
shows, they were fought out almost exclusively in the legislative
and executive arenas, not in the courts.
Although federal judges began to contribute more significantly to
the interpretation of the constitution, their decisions were
commonly based on the extensive discussions that had taken place in
the legislative and executive branches. "And even today," Currie
writes, "it is not to the courts that we owe our understanding of
the constitutional issues surrounding theLouisiana Purchase, the
impeachment of Justice Chase, or the Cumberland Road."
With its unique perspective and comprehensive coverage, "The
Constitution in Congress" illustrates how the executive and
legislative branches matched the Supreme Court in putting flesh and
blood onto the skeleton of the Constitution.
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