Thomas Jefferson and the Rise of the Supreme Court

American constitutional history in the early national period seems at times to be a conversation—or an argument—among Virginians. There's James Madison, George Washington, George Mason, John Taylor of Caroline County, Judge Spencer Roane, John Randolph of Roanoke, to mention only some. At the center of this constellation were John Marshall and Thomas Jefferson.     

Thomas Jefferson on the Character of an Unfree People: The Case of Spanish America

Thomas Jefferson perceived the people of Spanish America during their revolutionary struggles of the 1810s through the lens of national historical development, formulating an ambiguous attitude toward them. Although welcoming their independence movements, he questioned their ability to establish free, self‐governing republics believing that they needed to undergo a process of political maturation so that they could develop a republican character. As well as regarding the newly liberated countries of Spanish America as potential allies of the United States, Jefferson expressed concern about their becoming its economic and political rivals. Experiencing the new states as scenes of permanent military conflicts, he even suggested temporary restoration of metropolitan control over them by Spain.     

Thomas Jefferson and the American Indian Nations: Native American Sovereignty and the Marshall Court

The Cherokee Removal Cases — Cherokee Nation v. Georgia ¹ and Worcester v. Georgia ² —stand as the dramatic last act of the Marshall Court era. Thomas Jefferson was long dead by the time of the removal of the American Indians from the land north and south of the Ohio River. Yet in many ways the Cherokee Removal Cases that bedeviled Marshall in his final years on the Court were Jefferson's revenge, the first bitter fruits of policies adopted during his presidency that created the political and legal environment for the Indian Removal Act of 1830 and the Cherokee Nation litigation itself. This Jeffersonian legacy is ironic, given that Jefferson as a scholar, diplomat, and Secretary of State was an ardent supporter of Indian sovereignty and eventual citizenship. Yet these views were subordinated during his presidency to concerns of what we would term "national security," to preserve the Union, and to advance the interests and needs of his political party.