Thursday, September 21, 2017

thomas jefferson: the judicial tyranny


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. . . . 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. Letter to Abigail Adams, September 11, 1804)

The germ of dissolution of our federal government is in the constitution of the federal Judiciary; an 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.” (Thomas Jefferson. Letter to Charles Hammond, August 18, 1821)

The great object of my fear is the Federal Judiciary. That body, like gravity, ever acting with noiseless foot and unalarming advance, gaining ground step by step and holding what it gains, is engulfing insidiously the special governments into the jaws of that which feeds them.” (Thomas Jefferson. Letter to Judge Spencer Roane, 1821)

One single object… [will merit] the endless gratitude of the society: that of restraining the judges from usurping legislation.” (Thomas Jefferson. Letter to Edward Livingston, March 25, 1825)