Dr. Lindsay Chervinsky and Clay Jenkinson present ten things about the Supreme Court.
#1413 Jefferson and the Law
Thomas Jefferson practiced law from 1767 until early 1774. Much of his work involved land disputes, however one case in April of 1770 found him acting pro bono defending Samuel Howell, a mixed-race man being held as an indentured servant because his grandmother was white and his grandfather black. He lost the case, but argued that “under the law of nature, all men are born free.” This week Jefferson (as portrayed by humanities scholar Clay S. Jenkinson) answers questions submitted to him by an incarcerated person.
#1411 Supreme Court
Jefferson tells us that Article Three of the Constitution contemplates a court system, but that it is quite vague and general, so the first Congress passed the Judiciary Act of 1789 which was intended to create the infrastructure of the Judicial system. George Washington then filled every available seat through appointment.
#1374 Double Cheese Please
We have added a call in line at jeffersonhour.com for listeners to leave questions they would like answered, and this week on the Thomas Jefferson Hour we listen to our listeners. Five questions are answered, including thoughts on Jefferson and slavery, Jefferson and John Adams, appointments of judges and the nature of historiography. We also get to hear Clay’s impersonation of how Jefferson might sound ordering a pizza.
Three Branches
#1302 Alarm Poll
"I'm like everyone else, I'm in the middle. I see some benefits on both edges of the spectrum, but I don't want either of them to prevail."
— Clay S. Jenkinson
Clay S. Jenkinson asked listeners to rate, on a scale of 1 to 10, how alarmed they are about the current state of political affairs in the United States. Rather than just giving a number, many listeners responded with many thoughtful letters. This week we share and read portions from 17 of those letters.
#1294 Judicial Responsibility
"You want people who are moderates, who are not passionate zealots in any particular direction."
— Thomas Jefferson, as portrayed by Clay S. Jenkinson
Thomas Jefferson shares his thoughts about the workings of the Supreme Court, allows his personal irritations with the court to show, and explains how he feels the court has drifted from its rightful place in America today.
The Supreme Court: Political from the Get Go
Supreme Court Appointments
Presidential Subpoenas
#1251 Checks & Balances
"If the three federal branches can't stop themselves from doing appalling things, a fourth entity exists, and that's the states."
— Thomas Jefferson, as portrayed by Clay S. Jenkinson
We discuss the Kentucky Resolutions of 1798, states' rights, and the need for checks and balances within the federal government.
Speaking with Freedom
Checks and Balances, Jefferson, Checks and Balances
#1239 Original Argument
"The question then became: Is a national bank constitutional? Did the Founding Fathers contemplate a national bank?"
— Thomas Jefferson, as portrayed by Clay S. Jenkinson
This week, we discuss the argument between Alexander Hamilton and Jefferson over the creation of a national bank of the United States. Hamilton believed a central banking system was essential to America's standing in the world. Jefferson disagreed, arguing that to take a single step beyond the powers of the constitution is to enter a field of boundless abuse. We speak with Jefferson about President Washington's support of Hamilton’s plan, a decision with ramifications that affect Americans to this day.
Good News for America
Appointing Judges
#1230 Judgment
"The constitution ... is a mere thing of wax in the hands of the judiciary, which they may twist, and shape into any form they please." — Thomas Jefferson to Spencer Roane, 1819
Thomas Jefferson had a unique and slightly odd view of the proper place of the judicial branch in America. He thought of judicial independence as both a strength and a weakness of our system: you want judges that are independent of popular factionalism but you want them to be accountable to the sovereign, to the American people. Jefferson, as portrayed by Clay S. Jenkinson, discusses his concept of judicial balance, his lifelong displeasure with the Supreme Court, and some of the changes that he thinks should be made. He said of life-tenured judges, 'Few die and none resign.'
