Tonight we are going to celebrate Thomas Jefferson’s birthday with some Jefferson Airplane and Grace Slick to kick us off before we dive into Jefferson’s most important revolution, what he thought was the real Revolution after the signing of the Constitution. It involves judicial review, and taking back the government to a smaller, less intrusive entity that aligned with the Constitution.
And as always, good music. Great way to get ready for the action starting tomorrow morn! Join us.
On This Day Thomas Jefferson Was Born
Thomas Jefferson, arguably the SOUL of the American Revolution, was born today on 4/13/1743. In many ways Jefferson’s time as president is as equally important as his writing the Declaration of Independence. in 1800 he started his first term in what he called The Second Revolution. Jefferson warned us of the dangers of judicial review, hence his quote below.
Virtue of Farmers
Farmers need to polyglots – read Greek to learn about using water to bend wood. Jefferson wanted American to an agrarian society because he felt that agriculture was the best means for people to develop their own agency and resiliency.
If people let government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny.
Agriculture is our wisest pursuit, because it will in the end contribute most to real wealth, good morals and happiness.
Timeline – Childhood
- April 13, 1743: Thomas Jefferson was born in Albemarle County, Virginia, to Jane and Peter Jefferson
Thomas Jefferson was born as the third of ten children, meaning he had nine siblings. However, two of his siblings died in infancy, leaving him with seven surviving siblings. His only male sibling to survive infancy was Randolph Jefferson, born in 1755. His sister Jane died at the age of 25 and affected Jefferson deeply.
His father Peter, died when Thomas was 14. At such a young age, Thomas sought mentorship from his teachers. - 1752: Jefferson began attending a local school run by a Scottish Presbyterian minister
- 1758-1760: He studied under Reverend James Maury near Gordonsville, Virginia, focusing on Latin, Greek, French, history, science, and classics
- March 25, 1760: Jefferson enrolled at the College of William & Mary in Williamsburg, Virginia, where he studied mathematics, metaphysics, philosophy, and languages.
Jefferson was reported to have had a regimen of 12 hours of study a day, plus physical exercise of 1-2 hours a day. - 1762: Graduated from the College of William & Mary and began studying law under George Wythe
Adult Life And Political Career
- 1769: Elected to the Virginia House of Burgesses, representing Albemarle County
Attempted to pass law that would allow slave owners to emancipate their slaves if they were of age. The bill was rejected. - 1772: Married Martha Wayles Skelton
- 1776: Primary author of the Declaration of Independence
- 1779-1781: Served as Governor of Virginia
- 1785-1789: U.S. Minister to France
- 1789-1793: Secretary of State under President George Washington
- 1797-1801: Vice President under President John Adams
Presidency
- March 4, 1801: Inaugurated as the third President of the United States
- 1803: Negotiated the Louisiana Purchase, doubling the size of the United States
This purchase was for 15 million, 348 million in today’s dollars. However, it was a STEEL, as the equivalent territory is worth approximately 1.5 trillion or more. Jefferson was true to his conservative view of the Constitution, as he did not believe he was authorized by the Constitution to make such a purchase. But because this was an offer made in urgency by Napoleon Bonaparte, Jefferson had to act prior to any amendment could be passed. The Louisiana Purchase essentially set us on the course for the Manifest Destiny. - 1803-1806: Sponsored the Lewis and Clark Expedition to explore the new territories
- 1807: Implemented the Embargo Act to protect American shipping and trade from British interference
Post-Presidency
- 1819: Founded the University of Virginia
- July 4, 1826: Died at Monticello, Virginia, exactly 50 years after the Declaration of Independence was adopted
Kentucky Resolution of 1798 and the Proper Exercise of Nullification
The Kentucky Resolutions of 1798, drafted by Jefferson, were a key expression of his constitutional principles, particularly his belief in limited federal power and the rights of states to check federal actions. These resolutions were a direct response to the Alien and Sedition Acts, which Jefferson and the Republicans viewed as unconstitutional violations of the First Amendment
In the Kentucky Resolutions, Jefferson argued that the federal government had limited powers delegated to it by the states through the Constitution and that any powers not explicitly given were reserved to the states or the people, as stated in the Tenth Amendment. A central point was that states had the right to judge for themselves whether the federal government had exceeded its constitutional powers. Jefferson argued that allowing the federal government to be the sole judge of its own limitations would lead to unlimited power. This idea suggested that states could reject federal laws they deemed unconstitutional within their borders.
Jefferson’s authorship of the Kentucky Resolutions also reflected his distrust of the Federalist-dominated branches of the federal government, including the judiciary, which he saw as unlikely to rule against the Alien and Sedition Acts. He sought a remedy in asserting states’ rights rather than relying solely on the federal courts. He maintained that the courts did not have exclusive power to determine constitutionality, a view consistent with his theory of departmentalism.
However, other states did not agree with the assertion that states could nullify federal laws. Despite this lack of widespread support for nullification at the time, the Kentucky Resolutions remained an important articulation of the states’ rights perspective and Jefferson’s opposition to the expansion of federal power
Second Revolution: Defeating The Federalists Meant The Federal Government Would be Restricted
The Jefferson-Republicans opposed the usurpation of the 1st Amendment by the Alien and Sedition Act passed that SINGLED OUT the position of Vice President held by Jefferson. The Federalists used the Supremacy Clause and implied powers to further extend federal power beyond what the Constitution intended.
On the last evening in office, John Adams made “midnight appointments” of circuit judges. As part of creating a judiciary that would remain populated with Federalist appointed judges, Congress pass the Judiciary Act of 1801 which Adams signed into law which reduced the number of Supreme Court Justices.
Jefferson vowed that there would be a Second Revolution in the sense that federal government was to go be reigned in and follow the narrowly defined powers described in the Constitution.
However, Jefferson laid out what his administration would be in his inaugural address, which facilitated a peaceful transition of power.
Preserving the Common Ground of American Citizenship: Jefferson’s First Inaugural
“Every difference of opinion,” Jefferson said “is not a difference of principle. We have called by different names brethren of the same principle. We are all Republicans, we are all Federalists.” The speech was effective, as even some Federalists professed to have been pleased by it.
If Jefferson conciliated Federalists with his speech, it was not because he adopted their political opinions. Indeed, Jefferson conceded nothing to his opponents with regard to the policies he planned to pursue. For example, Jefferson explained why republican government, and in particular the American republic, was the strongest on earth; then he asked what more, besides the blessings America enjoyed was necessary to make Americans “a happy and prosperous people?” He answered his own question:
[A] wise and frugal government, which shall restrain men from injuring one another, shall leave them otherwise free to regulate their own pursuits of industry and improvement, and shall not take from the mouth of labor the bread it has earned. This is the sum of good government; and this is necessary to close the circle of our felicities.
Are We In the Trap that Jefferson Warned Of, Judicial Despotism?
Marbury Vs Madison is the SCOTUS case that initiated what we call judicial review. Jefferson warned that making the Supreme Court the final arbiter of the Constitutionality of laws destroyed the separation of powers. He viewed John Marshall’s 1803 Marbury v. Madison decision as a Federalist power grab, calling it a “silent junta” that subverted the Founders’ intent78. For Jefferson:
- Violation of Separation of Powers:
Jefferson argued that judicial review concentrated excessive power in the judiciary, undermining the principle of separation of powers. He believed that allowing judges to determine the constitutionality of laws for all branches would transform the judiciary into a “despotic branch” and disrupt the balance intended by the Constitution. - Threat to Republican Principles:
Jefferson viewed judicial review as contrary to republican ideals because it placed unelected judges above elected representatives. He emphasized that the “vital principle of republics” was “absolute acquiescence in the decisions of the majority,” which judicial review threatened by enabling courts to override majority rule. - Lack of Constitutional Authorization:
Jefferson maintained that judicial review was not explicitly granted by the Constitution. He argued that Chief Justice John Marshall’s assertion of judicial review in Marbury v. Madison (1803) was an unwarranted interpretation, issued as obiter dictum—an incidental opinion not binding to the case at hand—and therefore invalid. - Concurrent Review as an Alternative:
Jefferson proposed an alternative doctrine called concurrent review, where each branch of government (executive, legislative, and judicial) would independently interpret the Constitution within its own sphere. Under this system, courts could declare laws unconstitutional but could not bind other branches to their interpretation. This approach aimed to prevent judicial supremacy while maintaining checks among branches. - Judicial Independence and Accountability:
Jefferson criticized lifetime appointments for federal judges, arguing that they made judges unaccountable to the people. He warned that this lack of accountability, combined with judicial review, could lead to “despotism of an oligarchy”.
State Sovereignty:
Jefferson extended his opposition to judicial supremacy over states, arguing that states should not always be bound by Supreme Court decisions or federal law. This perspective aligned with his broader commitment to states’ rights and federalism.