Difference between revisions of "John Jay"

From Conservapedia
Jump to: navigation, search
m (Whoops, five.)
(20 intermediate revisions by 12 users not shown)
Line 1: Line 1:
John Jay (1745-1829) was a [[Founding Father]] who urged ratification of the [[U.S. Constitution]], although he was unable to attend the [[Constitutional Convention]].  Indeed, Jay wrote a few of the [[Federalist Papers]] and later served on the U.S. Supreme Court as the first Chief Justice.
+
{{Officeholder
 +
|name=John Jay
 +
|image=johnjay.jpg
 +
|party=
 +
|spouse=
 +
|religion=[[Episcopalian]]
 +
|offices=
 +
{{Officeholder/Supreme Court Justice
 +
|role=Chief
 +
|nominator=[[George Washington]]
 +
|terms=September 26, 1789 – June 29, 1795
 +
|former=y
 +
|preceded=None
 +
|succeeded=[[John Rutledge]]
 +
}}
 +
{{Officeholder/governor
 +
|number=2nd
 +
|state=New York
 +
|terms=July 1, 1795 – June 30, 1801
 +
|preceded=[[George Clinton]]
 +
|former=y
 +
|succeeded=[[George Clinton]]
 +
}}
 +
{{Officeholder/secretary (cabinet)
 +
|of=Foreign Affairs
 +
|number=2nd
 +
|deputy=n
 +
|president=None
 +
|terms=May 7, 1784 – March 22, 1790
 +
|preceded=[[Robert Livingston]]
 +
|former=y
 +
|succeeded=[[Thomas Jefferson]] (as Secretary of State)
 +
}}
 +
}}
 +
'''John Jay''' (1745-1829) was a [[Founding Father]] who urged ratification of the [[U.S. Constitution]], although he was unable to attend the [[Constitutional Convention]].  Jay wrote five of the [[Federalist Papers]] and later served on the [[U.S. Supreme Court]] as the first [[Chief Justice]].
  
A devout Christian, John Jay is called the "father of American conservatism."
+
A devout Christian, John Jay was one of New York State's leading abolitionists, and is called the "father of American conservatism."
  
John Jay, Jurist / Political Figure
+
John Jay was one of the heavy-hitters in the early days of the United States, a "founding father" who was a member of the Continental Congress and the first Chief Justice of the United States Supreme Court. Jay was a lawyer from New York whose service in drawing up the state constitution led to his appointment as a delegate and, later, president of the Continental Congress. He held the post of American Minister to Spain in 1779 before joining Ben Franklin and John Adams in Paris for the peace negotiations with Great Britain (1783). Upon his return to the U.S. Jay discovered that he had been appointed as the Secretary of Foreign Affairs. To explain the new U.S. Constitution, he teamed with Alexander Hamilton and James Madison to author a series of essays collected as The Federalist Papers (although it was published anonymously, it is generally accepted that Jay wrote five of the 85 essays). President George Washington appointed Jay as the first Chief Justice of the U.S. Supreme Court and he was easily approved in 1789. In 1794 and 1795 Jay's diplomatic skills were again called upon for peace negotiations with Great Britain to resolve continuing conflicts in and around U.S. territories (Jay's Treaty, signed in 1795). When Jay returned from peace negotiations in Europe, he discovered that Hamilton had engineered a victory for him in the gubernatorial election of New York; Jay resigned from the Supreme Court and served two terms as New York's governor (1795-1801). He was offered a spot on the Supreme Court by President Adams, but Jay declined and retired from public life.
  
    * Born: 12 December 1745
+
==The Jay Court==
    * Birthplace: New York, New York
+
The Jay Court had little business through its first three years.<ref name="society">{{cite web|url=http://www.supremecourthistory.org/02_history/subs_history/02_c01.html|title=The Jay Court ... 1789-1793|work=The Supreme Court Historical Society|language=English|accessdate=2008-08-21}}</ref>
    * Died: 17 May 1829
+
    * Best Known As: One of the authors of The Federalist Papers
+
  
John Jay was one of the heavy-hitters in the early days of the United States, a "founding father" who was a member of the Continental Congress and the first Chief Justice of the United States Supreme Court. Jay was a lawyer from New York whose service in drawing up the state constitution led to his appointment as a delegate and, later, president of the Continental Congress. He held the post of American Minister to Spain in 1779 before joining Ben Franklin and John Adams in Paris for the peace negotiations with Great Britain (1783). Upon his return to the U.S. Jay discovered that he had been appointed as the Secretary of Foreign Affairs. To explain the new U.S. Constitution, he teamed with Alexander Hamilton and James Madison to author a series of essays collected as The Federalist Papers (although it was published anonymously, it is generally accepted that Jay wrote five of the 85 essays). President George Washington appointed Jay as the first Chief Justice of the U.S. Supreme Court and he was easily approved in 1789. In 1794 and 1795 Jay's diplomatic skills were again called upon for peace negotiations with Great Britain to resolve continuing conflicts in and around U.S. territories (Jay's Treaty, signed in 1795). When Jay returned from peace negotiations in Europe, he discovered that Hamilton had engineered a victory for him in the gubernatorial election of New York; Jay resigned from the Supreme Court and served two terms as New York's governor (1795-1801). He was offered a spot on the Supreme Court by President Adams, but Jay declined and retired from public life.
+
In ''[[Chisholm v. Georgia]]'', the Jay Court had to answer the question: "Was the state of Georgia subject to the jurisdiction of the Supreme Court and the federal government?"<ref name="chisholmoyez">{{cite web|work=The Oyez Project|title=Chisholm v. Georgia, 2 U.S. 419 (1793)|url=http://www.oyez.org/cases/1792-1850/1793/1793_0/|accessdate=2008-08-21|language=English}}</ref> In a 4-1 ruling (Iredell dissented), the Jay Court ruled in favor of two [[South Carolina]]n [[Loyalist (American Revolution)|Loyalists]] who had had their land seized by Georgia. The ruling, which was unpopular amongst the populace, was overturned by the Senate with the [[Eleventh Amendment]] (it dictated that the judiciary could not rule on cases where a state was being sued by a citizen of another state or foreign country).<ref name="society"/><ref name="jayuni">{{cite web|url=http://www.columbia.edu/cu/lweb/digital/jay/biography.html|title=A Brief Biography of John Jay|publisher=Columbia University|year=2002|language=English|work=The Papers of John Jay}}</ref> The case was brought again to the Supreme Court in ''[[Georgia v. Brailsford]]'', and the Court reversed its decision.<ref>{{cite web|title=Georgia v. Brailsford, Powell & Hopton, 3 U.S. 3 Dall. 1 1 (1794)|work=Oyez & Justia|url=http://supreme.justia.com/us/3/1/index.html|language=English|accessdate=2008-08-21}}</ref><ref>{{cite web|url=http://jay.thefreelibrary.com/|work=The Free Library|publisher=Farlex|language=English|title=John Jay (1745 - 1829)|accessdate=2008-08-21}}</ref> However, Jay's original Chisholm decision established that states were subject to [[judicial review]].<ref name="chisholmoyez"/><ref>Johnson (2000)</ref>
 +
 
 +
{{cquote|[T]he people are the sovereign of this country, and consequently that fellow citizens and joint sovereigns cannot be degraded by appearing with each other in their own courts to have their controversies determined. The people have reason to prize and rejoice in such valuable privileges, and they ought not to forget that nothing but the free course of constitutional law and government can ensure the continuance and enjoyment of them. For the reasons before given, I am clearly of opinion that a State is suable by citizens of another State.|5=John Jay in the Court Opinion of Chisholm v. Georgia<ref>{{cite web|url=http://supreme.justia.com/us/2/419/case.html|title=CHISHOLM V. GEORGIA, 2 U. S. 419 (1793) (Court Opinion)|work=Justia & Oyez|language=English|accessdate=2008-08-21}}</ref>}}
 +
 
 +
In ''[[Hayburn's Case]]'', the Jay Court ruled that courts could not comply with a federal statute that required the courts to decide whether individual petitioning [[American Revolution]] veterans qualified for pensions. The Jay Court ruled that determining whether petitioners qualified was an "act ... not of a judicial nature".<ref name="hayburnopinion">{{cite web|work=Justia and Oyez|language=English|title=HAYBURN'S CASE, 2 U. S. 409 (1792)|url=http://supreme.justia.com/us/2/409/case.html|accessdate=2008-08-22}}</ref> and that because the statute allowed the [[United States Congress|legislature]] and the [[Executive Branch]] to revise the courts ruling, the statute violated the [[separation of powers]] as dictated by the [[United States Constitution]].<ref name="hayburnopinion"/><ref>{{cite web|author=Robert J Pushaw Jr|work=Georgetown Law Journal|publisher=Bnet|language=English|url=Georgetown Law Journal|title=Why the Supreme Court never gets any "Dear John" letters: Advisory opinions in historical perspective|accessdate=2008-08-22}}</ref><ref>{{cite web|work=Novelguide.com|url=http://www.novelguide.com/a/discover/dah_04/dah_04_01862.html|title=HAYBURN'S CASE|language=English|accessdate=2008-08-22}}</ref>
 +
 
 +
==Quotes==
 +
* "That men should pray and fight for their own freedom, and yet keep others in slavery, is certainly acting a very inconsistent, as well as unjust and, perhaps, impious part; but the history of mankind is filled with instances of human improprieties."<ref>[https://books.google.com/books?id=dkssAAAAIAAJ&pg=PA174 The Life of John Jay: With Selections from His Correspondence and Miscellaneous Papers, Volume 2]</ref>
 +
 
 +
==References==
 +
{{reflist|2}}
 +
 
 +
==External links==
 +
* [https://books.google.com/books?id=Ctk6AQAAIAAJ&pg=PA159 American Eloquence: A Collection of Speeches and Addresses by the Most Eminent Orators of America, Volume 1], Address to the People of Great Britain, (1774)
 +
* [https://books.google.com/books?id=Z0MUAwAAQBAJ&pg=PA919 American archives]
 +
* [https://librivox.org/author/6222 Works by John Jay - text and free audio] - [[LibriVox]]
 +
 
 +
{{Supreme Court|jay=y}}
 +
{{USChiefJustices}}
  
As a delegate to the Continental Congress,''' Jay was not enthusiastic about independence from Great Britain and refused to sign the Declaration of Independence.'''
+
{{DEFAULTSORT:Jay, John}}
 +
[[Category:United States Supreme Court Justices]]
 +
[[Category:Founding Fathers]]
 +
[[Category:American Revolution]]
 +
[[Category:Republicanism]]
 +
[[Category:Conservatives]]
 +
[[Category:Early National U.S.]]
 +
[[Category:New York Governors]]

Revision as of 20:36, September 16, 2017

John Jay
Johnjay.jpg
Former Chief Justice of the U.S. Supreme Court
From: September 26, 1789 – June 29, 1795
Nominator George Washington
Predecessor None
Successor John Rutledge
2nd Governor of New York
From: July 1, 1795 – June 30, 1801
Predecessor George Clinton
Successor George Clinton
2nd United States Secretary of Foreign Affairs
From: May 7, 1784 – March 22, 1790
President None
Predecessor Robert Livingston
Successor Thomas Jefferson (as Secretary of State)
Information
Religion Episcopalian

John Jay (1745-1829) was a Founding Father who urged ratification of the U.S. Constitution, although he was unable to attend the Constitutional Convention. Jay wrote five of the Federalist Papers and later served on the U.S. Supreme Court as the first Chief Justice.

A devout Christian, John Jay was one of New York State's leading abolitionists, and is called the "father of American conservatism."

John Jay was one of the heavy-hitters in the early days of the United States, a "founding father" who was a member of the Continental Congress and the first Chief Justice of the United States Supreme Court. Jay was a lawyer from New York whose service in drawing up the state constitution led to his appointment as a delegate and, later, president of the Continental Congress. He held the post of American Minister to Spain in 1779 before joining Ben Franklin and John Adams in Paris for the peace negotiations with Great Britain (1783). Upon his return to the U.S. Jay discovered that he had been appointed as the Secretary of Foreign Affairs. To explain the new U.S. Constitution, he teamed with Alexander Hamilton and James Madison to author a series of essays collected as The Federalist Papers (although it was published anonymously, it is generally accepted that Jay wrote five of the 85 essays). President George Washington appointed Jay as the first Chief Justice of the U.S. Supreme Court and he was easily approved in 1789. In 1794 and 1795 Jay's diplomatic skills were again called upon for peace negotiations with Great Britain to resolve continuing conflicts in and around U.S. territories (Jay's Treaty, signed in 1795). When Jay returned from peace negotiations in Europe, he discovered that Hamilton had engineered a victory for him in the gubernatorial election of New York; Jay resigned from the Supreme Court and served two terms as New York's governor (1795-1801). He was offered a spot on the Supreme Court by President Adams, but Jay declined and retired from public life.

The Jay Court

The Jay Court had little business through its first three years.[1]

In Chisholm v. Georgia, the Jay Court had to answer the question: "Was the state of Georgia subject to the jurisdiction of the Supreme Court and the federal government?"[2] In a 4-1 ruling (Iredell dissented), the Jay Court ruled in favor of two South Carolinan Loyalists who had had their land seized by Georgia. The ruling, which was unpopular amongst the populace, was overturned by the Senate with the Eleventh Amendment (it dictated that the judiciary could not rule on cases where a state was being sued by a citizen of another state or foreign country).[1][3] The case was brought again to the Supreme Court in Georgia v. Brailsford, and the Court reversed its decision.[4][5] However, Jay's original Chisholm decision established that states were subject to judicial review.[2][6]


[T]he people are the sovereign of this country, and consequently that fellow citizens and joint sovereigns cannot be degraded by appearing with each other in their own courts to have their controversies determined. The people have reason to prize and rejoice in such valuable privileges, and they ought not to forget that nothing but the free course of constitutional law and government can ensure the continuance and enjoyment of them. For the reasons before given, I am clearly of opinion that a State is suable by citizens of another State.

In Hayburn's Case, the Jay Court ruled that courts could not comply with a federal statute that required the courts to decide whether individual petitioning American Revolution veterans qualified for pensions. The Jay Court ruled that determining whether petitioners qualified was an "act ... not of a judicial nature".[8] and that because the statute allowed the legislature and the Executive Branch to revise the courts ruling, the statute violated the separation of powers as dictated by the United States Constitution.[8][9][10]

Quotes

  • "That men should pray and fight for their own freedom, and yet keep others in slavery, is certainly acting a very inconsistent, as well as unjust and, perhaps, impious part; but the history of mankind is filled with instances of human improprieties."[11]

References

  1. 1.0 1.1 The Jay Court ... 1789-1793 (English). The Supreme Court Historical Society. Retrieved on 2008-08-21.
  2. 2.0 2.1 Chisholm v. Georgia, 2 U.S. 419 (1793) (English). The Oyez Project. Retrieved on 2008-08-21.
  3. A Brief Biography of John Jay (English). The Papers of John Jay. Columbia University (2002).
  4. Georgia v. Brailsford, Powell & Hopton, 3 U.S. 3 Dall. 1 1 (1794) (English). Oyez & Justia. Retrieved on 2008-08-21.
  5. John Jay (1745 - 1829) (English). The Free Library. Farlex. Retrieved on 2008-08-21.
  6. Johnson (2000)
  7. CHISHOLM V. GEORGIA, 2 U. S. 419 (1793) (Court Opinion) (English). Justia & Oyez. Retrieved on 2008-08-21.
  8. 8.0 8.1 HAYBURN'S CASE, 2 U. S. 409 (1792) (English). Justia and Oyez. Retrieved on 2008-08-22.
  9. Robert J Pushaw Jr. [Georgetown Law Journal Why the Supreme Court never gets any "Dear John" letters: Advisory opinions in historical perspective] (English). Georgetown Law Journal. Bnet. Retrieved on 2008-08-22.
  10. HAYBURN'S CASE (English). Novelguide.com. Retrieved on 2008-08-22.
  11. The Life of John Jay: With Selections from His Correspondence and Miscellaneous Papers, Volume 2

External links