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"You seem ... to
consider the judges as the ultimate arbiters of all
constitional questions; a very dangerous doctrine indeed, and one
which would place us under the despotism of an oligarchy. Our
judges are as honest as other men, and not more so ... and their
power [is] the more dangerous, as they are in office for for life
and not responsible, as the other functionaries are, to the
elective control. The Constitution has erected no such single
tribunal, knowing that to whatever hands confided, with corruptions
of time and party, its members would become
despots." - Thomas Jefferson, September 28, 1820
"The germ of dissolution
of our federal government is in ... the federal judiciary; and
irresponsible body (for impeachment is scarcely a scare-crow)
working like gravity by night and by day, gaining a little today and
a little tomorrow, and advancing its noiseless step like a thief,
over the field of jurisdiction, until all shall be usurped from the
States." - Thomas Jefferson, 1821
"The Constitution is a
mere thing of wax in the hands of the judiciary,w hich they may
twist and shape into any form they please." - Thomas Jefferson,
1819
"Nothing in the
Constitution has given them [the federal judges] a right to decide
for the Executive, more than to the Executive to decide for them ...
But the opinion which gives to the judges the right to decide what
laws are constitutional, and what not, not only for themselves in
their own sphere of action, but for the legislature and executive
also, in their spheres, would make the judiciary a despotic branch."
- Thomas Jefferson, 1804 |