Chief Justice Madison

[Plumber]

Let's say Madison instead of Jay becomes the first Chief Justice. Like Marshall, Madison realizes the great power in the role. Assuming he stays on until his death (meaning he serves a few years before Marshall and little less than a year after), how does the Madison Justiceship go?

Inspired by the "Alternate POTUS Careers" thread

 

[MAlexMatt]

I don't know but I think I want to hug you for keeping Marshall away from the Chief Justiceship.

 

[ScottColo]

Marbury might get his commission. Not being a die-hard Federalist, it would probably be a fairly timid court. Might not be good news for Dartmouth College or the Bank of the United States.

 

[Wendell]

This is actually an awesome idea.

 

[Plumber]

Marbury might get his commission. Not being a die-hard Federalist, it would probably be a fairly timid court. Might not be good news for Dartmouth College or the Bank of the United States.

I'm not sure. Madison moved from being Federalist to Democratic-Republican to Democratic-Republican coopting most of the Federalist policies. At the time he would be appointed he wouldn't be in the DR camp, IIRC.

This is actually an awesome idea.

Thank you sir.

 

[Lord Grattan]

Let's say Madison instead of Jay becomes the first Chief Justice. Like Marshall, Madison realizes the great power in the role. Assuming he stays on until his death (meaning he serves a few years before Marshall and little less than a year after), how does the Madison Justiceship go?

Inspired by the "Alternate POTUS Careers" thread

Thanks for picking this up and running with it Plumber. I've been wondering, seeing as how Mr. Madison knew the Constitution (and of course the authors' original intent) so well, how he would have ruled in some of the key cases that came before the Marshall Court in OTL.

 

[Plumber]

I just realized that this could get opposition based on how the laws of the U.S. will basically be the opinion of one man.

 

[Alexander Hamilton]

I can think of several short term consequences of JM becoming the First Chief Justice:
1. The initial amendments to the Constitiution (what much later became to be known as the Bill of Rights) might look very different. As leader of the House of Representatives JM was deeply involved in choosing which of the many proposals from the States to present to Congress and how they were to be phrased.
2. JM might have a much shorter life. He was a sickly fellow and the constant circuit riding of the Supreme Court Justices might have had an adverse effect on his health. Jay complained about the circuit riding and it lead him to leave the Court and it probably contributed to the early death of Justice James Iredell.
3. The "bargain" which got Hamilton's Funding Bill and the Jefferson/Madison desire for a Southern capital city passed as a "package" in the Frist Congress might not have happended or even been necessary without JM's initial effective opposition to the Funding Bill in the House.
4. JM's appointment as CJ might lead to Jay's appointment as the first Secretary of State since GW would still try to balance the initial government appointments between North and South. Would TJ have then been offered AG or would he have stayed in France?
5. Without JM's close guidance and political asssitance TJ might not become re-involved in domestic politics and therefore never VP or President.
Many, many more changes are possible since the active JM/TJ political partnership was a key element of the politics of the early Republic.

Your obedient servant

 

[John Fredrick Parker]

The two biggest changes -- no Marbury decision -- and, quite possibly, no judicial review (YMMV on whether this is good or bad) -- and no President Madison (which is definitely good).

 

[Mikestone8]

Any thoughts on who replaces Madison as POTUS?

If Monroe becomes the fourth President, we might get a two-term JQA as the fifth. Or is a Crawford administration more likely, with JQA following as OTL? Any other possibilities? Is Calhoun in with a chance at any point?

 

[John Fredrick Parker]

Any thoughts on who replaces Madison as POTUS?

Most likely whoever Jefferson picks to be his Secretary of State, who in turn would likely be another Democratic Republican -- holy crap, that actually could give us Preisdent Aaron Burr!

 

[Mikestone8]

Most likely whoever Jefferson picks to be his Secretary of State, who in turn would likely be another Democratic Republican -- holy crap, that actually could give us Preisdent Aaron Burr!

Only if the tie vote of 1800 is butterflied away, which is conceivable but not especially likely. After that, they are pretty much estranged.

In any case, can a VP hold a Cabinet office in addition? Or are you assuming that Jefferson has a different running-mate?

 

[John Fredrick Parker]

In any case, can a VP hold a Cabinet office in addition? Or are you assuming that Jefferson has a different running-mate?

Not really, no* -- I'm just thinking generally if who the other high ranking DRs could be to fill the slot...

*I mean, if Madison's absence meant that Burr was the best man for State, he could well sit out the election (seeing as State is a much better position for the politically ambitious than VP), but that's assuming Burr emerges as the top candidate...