The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy

Paperback (Print)
Buy Used
Buy Used from BN.com
$16.68
(Save 33%)
Item is in good condition but packaging may have signs of shelf wear/aging or torn packaging.
Condition: Used – Good details
Used and New from Other Sellers
Used and New from Other Sellers
from $5.15
Usually ships in 1-2 business days
(Save 79%)
Other sellers (Paperback)
  • All (10) from $5.15   
  • New (3) from $20.84   
  • Used (7) from $5.15   
Close
Sort by
Page 1 of 1
Showing All
Note: Marketplace items are not eligible for any BN.com coupons and promotions
$5.15
Seller since 2009

Feedback rating:

(7741)

Condition:

New — never opened or used in original packaging.

Like New — packaging may have been opened. A "Like New" item is suitable to give as a gift.

Very Good — may have minor signs of wear on packaging but item works perfectly and has no damage.

Good — item is in good condition but packaging may have signs of shelf wear/aging or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Acceptable — item is in working order but may show signs of wear such as scratches or torn packaging. All specific defects should be noted in the Comments section associated with each item.

Used — An item that has been opened and may show signs of wear. All specific defects should be noted in the Comments section associated with each item.

Refurbished — A used item that has been renewed or updated and verified to be in proper working condition. Not necessarily completed by the original manufacturer.

Very Good
Book has appearance of only minimal use. All pages are undamaged with no significant creases or tears. With pride from Motor City. All books guaranteed. Best Service, Best ... Prices. Read more Show Less

Ships from: Brownstown, MI

Usually ships in 1-2 business days

  • Canadian
  • Standard, 48 States
  • Standard (AK, HI)
  • Express, 48 States
  • Express (AK, HI)
$5.15
Seller since 2011

Feedback rating:

(816)

Condition: Very Good
Used books may not include access codes or one time use codes. Proven Seller with Excellent Customer Service. Choose expedited shipping and get it FAST.

Ships from: Conway, AR

Usually ships in 1-2 business days

  • Standard, 48 States
  • Standard (AK, HI)
  • Express, 48 States
  • Express (AK, HI)
$5.15
Seller since 2009

Feedback rating:

(1841)

Condition: Good
2007 Paperback Good Books have varying amounts of wear and highlighting. Usually ships within 24 hours in quality packaging. Satisfaction guaranteed. This item may not include ... any CDs, Infotracs, Access cards or other supplementary material. Read more Show Less

Ships from: Lincoln, NE

Usually ships in 1-2 business days

  • Canadian
  • International
  • Standard, 48 States
  • Standard (AK, HI)
  • Express, 48 States
  • Express (AK, HI)
$7.49
Seller since 2014

Feedback rating:

(1)

Condition: Good
2007 Paperback Good Connecting readers with great books since 1972. Used books may not include companion materials, some shelf wear, may contain highlighting/notes, and may not ... include cd-rom or access codes. Customer service is our top priority! Read more Show Less

Ships from: Apple Valley, MN

Usually ships in 1-2 business days

  • Standard, 48 States
  • Standard (AK, HI)
  • Express, 48 States
  • Express (AK, HI)
$12.50
Seller since 2005

Feedback rating:

(49525)

Condition: Very Good
Ships same day or next business day via UPS (Priority Mail for AK/HI/APO/PO Boxes)! Used sticker and some writing and/or highlighting. Used books may not include working access ... code or dust jacket. Read more Show Less

Ships from: Columbia, MO

Usually ships in 1-2 business days

  • Standard, 48 States
  • Standard (AK, HI)
  • Express, 48 States
  • Express (AK, HI)
$20.84
Seller since 2008

Feedback rating:

(4535)

Condition: New
New Book. Shipped from UK within 4 to 14 business days. Established seller since 2000.

Ships from: Horcott Rd, Fairford, United Kingdom

Usually ships in 1-2 business days

  • Standard, 48 States
  • Standard (AK, HI)
$25.11
Seller since 2008

Feedback rating:

(17874)

Condition: New
Brand New, Perfect Condition, Please allow 4-14 business days for delivery. 100% Money Back Guarantee, Over 1,000,000 customers served.

Ships from: Westminster, MD

Usually ships in 1-2 business days

  • Canadian
  • International
  • Standard, 48 States
  • Standard (AK, HI)
$25.12
Seller since 2007

Feedback rating:

(23585)

Condition: New
BRAND NEW

Ships from: Avenel, NJ

Usually ships in 1-2 business days

  • Canadian
  • International
  • Standard, 48 States
  • Standard (AK, HI)
$43.41
Seller since 2008

Feedback rating:

(17874)

Condition: Like New
Brand New, Perfect Condition, Please allow 4-14 business days for delivery. 100% Money Back Guarantee, Over 1,000,000 customers served.

Ships from: Westminster, MD

Usually ships in 1-2 business days

  • Canadian
  • International
  • Standard, 48 States
  • Standard (AK, HI)
$85.50
Seller since 2010

Feedback rating:

(6)

Condition: Very Good
Very good 1 volume, please be aware of language, air mail shipment from Germany within 2-6 weeks, we deliver to any country-please ask us to enable delivery to your country! ... *****PLEASE NOTE: This item is shipping from an authorized seller in Europe. In the event that a return is necessary, you will be able to return your item within the US. To learn more about our European sellers and policies see the BookQuest FAQ section***** Read more Show Less

Ships from: Berlin, Germany

Usually ships in 1-2 business days

  • Canadian
  • International
  • Standard, 48 States
  • Standard (AK, HI)
Page 1 of 1
Showing All
Close
Sort by

Overview

The ink was barely dry on the Constitution when it was almost destroyed by the rise of political parties in the United States. As Bruce Ackerman shows, the Framers had not anticipated the two-party system, and when Republicans battled Federalists for the presidency in 1800, the rules laid down by the Constitution exacerbated the crisis. With Republican militias preparing to march on Washington, the House of Representatives deadlocked between Thomas Jefferson and Aaron Burr. Based on seven years of archival research, the book describes previously unknown aspects of the electoral college crisis. Ackerman shows how Thomas Jefferson counted his Federalist rivals out of the House runoff, and how the Federalists threatened to place John Marshall in the presidential chair. Nevertheless, the Constitution managed to survive through acts of statesmanship and luck.

Despite the intentions of the Framers, the presidency had become a plebiscitarian office. Thomas Jefferson gained office as the People's choice and acted vigorously to fulfill his popular mandate. This transformation of the presidency serves as the basis for a new look at Marbury v. Madison, the case that first asserted the Supreme Court's power of judicial review. Ackerman shows that Marbury is best seen in combination with another case, Stuart v. Laird, as part of a retreat by the Court in the face of the plebiscitarian presidency. This "switch in time" proved crucial to the Court's survival, allowing it to integrate Federalist and Republican themes into the living Constitution of the early republic.

Ackerman presents a revised understanding of the early days of two great institutions that continue to have a major impact on American history: the plebiscitarian presidency and a Supreme Court that struggles to put the presidency's claims of a popular mandate into constitutional perspective.

Read More Show Less

Editorial Reviews

Boston Globe

Bruce Ackerman, who teaches at Yale Law School, might be expected to advocate for either the Jeffersonians or their opponents, the Federalists. Instead he dishes blame all around to make the point that the mistakes of 1787 have shaped our politics. He sees American constitutionalism as a work in progress over two centuries. This liberal jurisprudence opposes the originalism of Antonin Scalia and other conservative jurists who insist that the true meanings of a law or decision are simply the literal ones right there in the text if you read them the right (Right?) way. The historical approach favored by Ackerman stresses continual reinterpretation of constitutional articles, legislation, presidential orders, and judicial decisions. Like the landmark Brown v. Board of Education decision that still inspires its practitioners, it needs a lot of detailed history to back up the argument. And that's what we get in The Failure of the Founding Fathers. Fortunately, Ackerman can tell a story as well as score points against originalists...[This is] thought-provoking history.
— David Waldstreicher

The Law and Politics Book Review

The Failure of the Founding Fathers contains the familiar dynamics of institutional triggers, synthesis of orders, and the nonlegal processes that play an important role in the American constitutional order, but it also offers new surprises, promising to change the way readers think about the date of the founding, MARBURY v. MADISON, and John Marshall...One cannot take leave of this book without noting what a fun read it is, with Ackerman acting as the armchair narrator leading the reader through events. Filled with questions of "who dunnit?" with the machinations of "crafty" and "sensible" politicians, as well as the author's own "detective" work, this book never lets the reader forget the thrills to be found in constitutional history.

— Kathleen S. Sullivan

Times Higher Education Supplement

Highly ambitious and well-researched...[Its] great value [is its] testimony to the essential fragility of constitutional and democratic development...Ackerman tells his story well and persuasively...The book is a tour de force that draws on an impressive amount of archival research. Yet its real value lies less within Ackerman's absorbing story of this dire political crisis and the political dynamics it precipitated than in his skill and imagination in advancing his theory of constitutional change in the U.S. His arguments are solid and remain refreshingly heretical in a milieu that typically lionises the framers without accepting their limitations and the need for subsequent institutional and constitutional adjustments to accommodate changing political realities.
— John Owens

American Journal of Legal History

Ackerman has a wonderful ability to draw new insights from conventional understandings of political events by focusing on small, concrete incidents.
— Barbara Oberg

Lucas A. Powe
Just like with his magnificent We the People, Bruce Ackerman has intertwined well researched history with an unparalleled skill as a constitutional theorist. The Failure of the Founding Fathers describes the maneuvering that validated Thomas Jefferson's claim to the presidency that then created a decade-long confrontation between the Jeffersonians in the elected branches of the Federalists in the judiciary. This is constitutional history at its finest.
Joyce Appleby
Bruce Ackerman has written a provocative account of the impact upon America's political future of the Jeffersonian opposition to the Federalists. Completely levitating himself out of the historiography of party formation, Ackerman in The Failure of the Founding Fathers demonstrates just how powerful the vexed election of 1800 proved to be.
Sanford Levinson
Many fine historians have written about the presidential election of 1800. But only Bruce Ackerman has placed all of the events surrounding the election into the context of American constitutional development. With his usual mixture of careful historical exegesis, narrative sweep, and bold interpretive imagination, Ackerman enables us to see a number of aspects of our constitutional history as if for the first time (beginning with the fact that the almost unknown case of Stuart v. Laird, was far more significant that Marbury v. Madison, decided a week earlier). Anyone interested in the development of American constitutionalism--and American political institutions--should be fascinated by this book.
Boston Globe - David Waldstreicher
Bruce Ackerman, who teaches at Yale Law School, might be expected to advocate for either the Jeffersonians or their opponents, the Federalists. Instead he dishes blame all around to make the point that the mistakes of 1787 have shaped our politics. He sees American constitutionalism as a work in progress over two centuries. This liberal jurisprudence opposes the originalism of Antonin Scalia and other conservative jurists who insist that the true meanings of a law or decision are simply the literal ones right there in the text if you read them the right (Right?) way. The historical approach favored by Ackerman stresses continual reinterpretation of constitutional articles, legislation, presidential orders, and judicial decisions. Like the landmark Brown v. Board of Education decision that still inspires its practitioners, it needs a lot of detailed history to back up the argument. And that's what we get in The Failure of the Founding Fathers. Fortunately, Ackerman can tell a story as well as score points against originalists...[This is] thought-provoking history.
The Law and Politics Book Review - Kathleen S. Sullivan
The Failure of the Founding Fathers contains the familiar dynamics of institutional triggers, synthesis of orders, and the nonlegal processes that play an important role in the American constitutional order, but it also offers new surprises, promising to change the way readers think about the date of the founding, MARBURY v. MADISON, and John Marshall...One cannot take leave of this book without noting what a fun read it is, with Ackerman acting as the armchair narrator leading the reader through events. Filled with questions of "who dunnit?" with the machinations of "crafty" and "sensible" politicians, as well as the author's own "detective" work, this book never lets the reader forget the thrills to be found in constitutional history.
Times Higher Education Supplement - John Owens
Highly ambitious and well-researched...[Its] great value [is its] testimony to the essential fragility of constitutional and democratic development...Ackerman tells his story well and persuasively...The book is a tour de force that draws on an impressive amount of archival research. Yet its real value lies less within Ackerman's absorbing story of this dire political crisis and the political dynamics it precipitated than in his skill and imagination in advancing his theory of constitutional change in the U.S. His arguments are solid and remain refreshingly heretical in a milieu that typically lionises the framers without accepting their limitations and the need for subsequent institutional and constitutional adjustments to accommodate changing political realities.
American Journal of Legal History - Barbara Oberg
Ackerman has a wonderful ability to draw new insights from conventional understandings of political events by focusing on small, concrete incidents.
Boston Globe
Bruce Ackerman, who teaches at Yale Law School, might be expected to advocate for either the Jeffersonians or their opponents, the Federalists. Instead he dishes blame all around to make the point that the mistakes of 1787 have shaped our politics. He sees American constitutionalism as a work in progress over two centuries. This liberal jurisprudence opposes the originalism of Antonin Scalia and other conservative jurists who insist that the true meanings of a law or decision are simply the literal ones right there in the text if you read them the right (Right?) way. The historical approach favored by Ackerman stresses continual reinterpretation of constitutional articles, legislation, presidential orders, and judicial decisions. Like the landmark Brown v. Board of Education decision that still inspires its practitioners, it needs a lot of detailed history to back up the argument. And that's what we get in The Failure of the Founding Fathers. Fortunately, Ackerman can tell a story as well as score points against originalists...[This is] thought-provoking history.
— David Waldstreicher
Times Higher Education Supplement
Highly ambitious and well-researched...[Its] great value [is its] testimony to the essential fragility of constitutional and democratic development...Ackerman tells his story well and persuasively...The book is a tour de force that draws on an impressive amount of archival research. Yet its real value lies less within Ackerman's absorbing story of this dire political crisis and the political dynamics it precipitated than in his skill and imagination in advancing his theory of constitutional change in the U.S. His arguments are solid and remain refreshingly heretical in a milieu that typically lionises the framers without accepting their limitations and the need for subsequent institutional and constitutional adjustments to accommodate changing political realities.
— John Owens
The Law and Politics Book Review
The Failure of the Founding Fathers contains the familiar dynamics of institutional triggers, synthesis of orders, and the nonlegal processes that play an important role in the American constitutional order, but it also offers new surprises, promising to change the way readers think about the date of the founding, MARBURY v. MADISON, and John Marshall...One cannot take leave of this book without noting what a fun read it is, with Ackerman acting as the armchair narrator leading the reader through events. Filled with questions of "who dunnit?" with the machinations of "crafty" and "sensible" politicians, as well as the author's own "detective" work, this book never lets the reader forget the thrills to be found in constitutional history.

— Kathleen S. Sullivan

American Journal of Legal History
Ackerman has a wonderful ability to draw new insights from conventional understandings of political events by focusing on small, concrete incidents.
— Barbara Oberg
Read More Show Less

Product Details

  • ISBN-13: 9780674023956
  • Publisher: Harvard University Press
  • Publication date: 4/15/2007
  • Edition description: New Edition
  • Pages: 400
  • Sales rank: 1,364,574
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.00 (d)

Meet the Author

Bruce Ackerman is Sterling Professor of Law and Political Science at Yale University.
Read More Show Less

Table of Contents

Part One: The People's President

Introduction: America on the Brink

1. The Original Misunderstanding

2. John Marshall for President

3. Jefferson Counts Himself In

4. On the Brink

5. What Went Right?

Part Two: The People and the Court

Introduction: Constitutional Brinksmanship

6. Federalist Counterattack

7. Republican Triumph

8. Marbury v. Stuart

9. Presidential Purge

10. Synthesis

11. Reverberations

Documents

Horatius's Presidential Knot

Judge Bassett's Protest

Notes

Acknowledgments

Index

Read More Show Less

Customer Reviews

Average Rating 1
( 1 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(1)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously
Sort by: Showing 1 Customer Reviews
  • Anonymous

    Posted December 15, 2014

    Liberal propoganda

    These people built our nation. If you dont like them then go to north korea or russia where you can hate amrerica without getting strange looks.

    Was this review helpful? Yes  No   Report this review
Sort by: Showing 1 Customer Reviews

If you find inappropriate content, please report it to Barnes & Noble
Why is this product inappropriate?
Comments (optional)