Resource: Having a Strong National Government

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In the early days of the republic, partisan politics shaped the powers of each of the three branches of government, including the Supreme Court. By 1789, the Constitution had been ratified by the thirteen states. Still, everyone did not agree upon how the new national government would function. In the ensuing battle over the issue of a strong national government versus the sovereignty of independent states two political schools of thought would emerge, lead by two rivaling distant cousins, Thomas Jefferson and John Marshall.

Jefferson and Marshall were both upper-class landowners who were strongly influenced by the events and outcomes of the French Revolution. Both had worked to shape the new republic, yet they differed vehemently on the way government should wield power. Jefferson formed the Democratic Republicans, a party that believed the national government should be limited and subordinate to state governments. This group was initially known as the Anti-Federalists. Marshall, a Federalist, saw in the French Revolution anarchy of the lower classes and advocated for a strong national government that best served as a cohesive, active power among the states.

In 1798, Federalist President John Adams, fearful of an impeding war with France, signed into law the Alien and Sedition Acts. The Acts prevented foreigners from becoming citizens and gave the president power to force anyone he wanted out of the country and to imprison anyone critical of the president or the government. Anti-Federalists like Jefferson were outraged with this "power grab," which reminded them of the British monarchy that had dominated the colonies before the Revolution.

Vice-President Jefferson railed against the Federalists, stirring popular dissent, while Jeffersonian pamphleteers, critical of President Adams, were thrown in jail under the provisions of the Act. Negative public reaction to the Alien and Sedition Acts helped Jefferson win the presidential election of 1800. Jefferson's party now controlled the Executive Branch and both parts of the legislature. Only the judiciary would retain a Federalist majority, since many of those judges had been appointed under Adams.

The Supreme Court at this time was ill-defined, weak and had yet to establish the authority to examine laws and to find them unconstitutional. As a final act of leaving office, Adams appointed John Marshall, a fellow Federalist, as Chief Justice of the Supreme Court. Although he disagreed with the Alien and Sedition Act, Marshall was now positioned for the biggest conflict that would divide Democratic-Republicans and Federalists.

The case that changed everything was Marbury v. Madison. The balance of powers among the three branches of government shifted dramatically when the Court issued the decision in this case. It defined the fundamental powers of the Court --- giving it more power because it established the power of judicial review. With judicial review, the Court could check the powers of the legislative branch. It could find laws passed by Congress unconstitutional, making them void.

Print Questions for Discussion

• Describe the American political scene of the late 1700's to early 1800's. Who were the Federalists? Who were the Jeffersonians? What did each party believe?
• What world event lead to the two parties developing even more divergent views?
• What did Thomas Jefferson mean by "a second revolution?"
• In what ways was the Supreme Court shaped by Federalists and Jeffersonians? Explain your answer.