Chapter 11 Essential Questions
1) Why does Kennedy refer to the case of Marbury vs. Madison as “epochal?” Describe the short and long-term ramifications to the decision.
The case of Marbury vs. Madison established judicial review of acts of Congress to determine if they are unconstitutional. It was so epochal because had it not established judicial review, Congress would be free to pass laws that are completely unconstitutional and a violation of the rights set in place by the first ten amendments. It brought order out of the chaos that occurred when Adams appointed the Midnight Judges. Over the long term, it has affected many congressional bills that if passed, would not be constitutional.
2)What basis did Thomas Jefferson have for believing that American trade could be used as a diplomatic tool? Explain.
Trade could be used as a diplomatic tool in many ways. If America stopped trading with certain countries, the thought was that those countries would cooperate with the demands made by Americans. America would trade with anyone who met their demands. The problem with this is that when America did use trade as a diplomatic tool to get the English and French to cooperate with their demands, and America ended up being hurt. They stopped trading with England and France, as well as any other country who traded with England and France. England and France did not completely depend on American trade for their economy, so they were unaffected. These laws were called the Embargo of 1807. Jefferson tried to fix this with the Nonintercourse Act, which stated America would cease trade with just England and France. This also ended up being a failure, so James Madison passed Macon’s Bill #2, which said that America would trade with whoever met their demands first. This also was repealed, and America went back to open trade with England and France.
3) List at least three key principles of government advanced by Thomas Jefferson and the Anti-Federalists...
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