
Justice and Reality: Think Like a Lawyer
Hello, I’m Zhan Qingyun.
Hamilton the Federalist
Alexander Hamilton embodied an American dream. Born poor and outside marriage, orphaned young, he distinguished himself in the army, gained George Washington’s trust, and became the first treasury secretary.
He was a principal author of The Federalist Papers, elegant essays that promoted the still-contested Constitution and explained the need for a strong central government.
A brilliant writer from the lowest social origins, he left an extraordinary mark through personal striving.
He ultimately died in a duel with former vice president Aaron Burr, ending a legendary life.
Hamilton and Madison, once close allies in securing constitutional ratification, later divided. Hamilton’s Federalists favored not merely confederation but a federation with strong national government.
Their political era was quietly ending after years in power. Hamilton died after his July 1804 duel with Burr.
The Beginning of Party Conflict
Before 1800, Federalists had long controlled government. Jefferson and Madison then won the presidency and a congressional majority, controlling two branches. The Supreme Court remained the Federalists’ last stronghold.
Judicial membership did not turn over quickly. Knowing they would lose power, outgoing Federalists entrenched themselves: they created sixteen circuit judgeships and rapidly filled them with allies, and reduced future Supreme Court seats from six to five to prevent Jefferson appointments.
Sacred-looking institutional design can be ordinary partisan struggle. The outgoing Congress also expanded federal jurisdiction because Federalists controlled courts but had lost the elected branches.
Chief Justice John Marshall became his party’s remaining hope, forced to contend with Jefferson and Madison.
The case arriving before him—Marbury’s suit against Secretary Madison—need not have involved judicial review at all.
Marshall’s Ingenious Response
Recall the narrow facts: the prior administration signed Marbury’s commission but failed to deliver it, so he demanded it from the new secretary of state.
The dispute implicated presidential power. Could a new president withdraw an earlier appointment and refuse the commission? Presidents possess some authority to appoint and remove officials.
2019.10.15
Audio in Chinese
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