Article: Prudential argumentation and John Marshall's opinion in Marbury v. Madison (1803).(Report)

The 1800 election of Thomas Jefferson as president and of a Republican majority in Congress was a pivotal moment in American history. This election marked the first time in the fledgling republic's existence that a new party took over both elected branches of government. It was also the first (and last) time that the U.S. House of Representatives was called upon to break an electoral vote tie and decide who would serve as president and as vice-president. Part and parcel to these historic firsts, the 1800 election marked the beginning of the end for the Federalist Party and the rise of Jeffersonian Republicanism. Significant changes gripped American politics. At the time, ...

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