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Marbury Vs. Madison Essay

1413 words - 6 pages

This case had been brought upon the Supreme Court because of the election of 1800. The republicans had once again elected Thomas Jefferson as president of the United States in 1800. They had elected Aaron Burr as Vice President, because he had helped to build New York into a strong republican state.President John Adams and Charles C. Pinckney were both from S. Carolina and federalist candidates. The federalists had been campaigning against Jefferson, because they were not about to let him become president again. They really didn't want to trust him as a president again. The federalists claimed that Jefferson was out to destroy religion and was going to set up a goddess of reason like the extremists during the French Revolution had tried to accomplish.The U.S. had been trying there best to stay far away from an aristocratic federalist government and was more interested in becoming a democratic government. The republicans however had managed to win a clear victory.Jefferson and Burr both had 73 electoral votes and Adams had 65 votes. The tie with the electoral votes had caused a serious crisis in the American Constitutional history. The electors that had voted for Jefferson and Burr were not completely clear about whether they were voting for president or vice president.Using the constitution can easily solve problems like this. The 12th Amendment basically states that if no one in the election gets a majority of the votes that the election will then need to go through the House of Representatives. This would in return give each of the 16 states the right to one vote. In order for Jefferson or Burr to win they both needed to get a majority of the 16 states on heir side.During this election many federalists that did not want to choose between two republicans that had overcame congress. From February 11 "“ 16 the voting had went on. Neither of them had been able to win the favor of the required nine states. But because Hamilton had not grown fond of Burr he decided to support Jefferson.It didn't take long for them to come to the conclusion that if they wanted an orderly transfer of the government power a majority of the party would need to choose their president. Jefferson had won the support of ten states and was elected president. Burr had been elected vice president with a total of 4 states on his side.As a result of the election of 1800 the United States congress developed 12th amendment. It was written in order to separate the ballots for president and vice president. But it still does not address having a president or vice president from both sides.The 12th Amendment states as written, "The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of...

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