傑佛遜取得總統大位，並將他任內的美國稱為「1800年革命」，但聯邦黨大將馬歇爾卻在亞當斯總統的任命之下，擔任美國最高法院院長。在馬歇爾的領導下，司法審查權變成力抗行政、立法兩大部門的聯邦黨據點，也因而建立了三權分立、分而治之的運作常軌。傑佛遜如何看待最高法院？他自己提出解決州權和聯邦權之間的仲裁者又是怎樣的規劃？了解這段歷史，可以幫助我們了解美國憲法如何型塑美國現實政治。

The Federalists retreated to judicial branch when Thomas Jefferson and his anti-federalist colleagues took over the administrative and legislative powers in 1800. How would the Republican president and congress tolerate a Federalist Court to claim its supremacy status of being the ultimate arbiter of constitutional disputes when Marshall wrote his decision, claiming the judges the power of judicial review? What were Jefferson’s alternatives for the question of “common umpire” to decide the disputes between Federal and State? To better understand the differences between Jefferson and Marshall on this matter does help to appreciate the features of a living Constitution which shaped, and is still shaping, the political system of the United States of America.