Saturday, July 4, 2015

The Words of Thomas Jefferson

Considering it’s the 4th of July, you may think that I’m going to refer to Jefferson’s most famous document—the Declaration of Independence.  Instead, in light of some recent court rulings I would like to share quotes on Jefferson’s view of the Supreme Court.

In an 1820 letter written to William Jarvis

You seem …. to consider the judges as the ultimate arbiters of all constitutional 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.  They have, with others, the same passions for party, for power, and the privilege of their corps.  Their maxim is “boni judicis est ampliare jurisdictionem,” and their power the more dangerous as they are in office 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 the corruptions of time and party, its members would become despots….The judges certainly have more frequent occasion to act on constitutional questions, because the laws of meum and tuum and of criminal action, forming the great mass of the system of law, constitute their particular department.  When the legislative or executive functionaries act unconstitutionally, they are responsible to the people in their elective capacity.  The exemption of the judges from that is quite dangerous enough.  I know no safe depository of the ultimate powers of the society but the people themselves ;  and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education.

In a letter to Judge Spencer Roane, Sept. 6, 1819

The Constitution, on this hypothesis, is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please.

In a letter to Justice William Johnson, June 12, 1823

On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the test, or invented against it, conform to the probable one in which it was passed.  [emphasis added]

1 comment:

Anonymous said...

Awesome and well-timed, a lesson SCOTUS needs to re-visit for sure.

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