3 thoughts on “Quote of the Day

  1. Aye. As you know, he was a bitter opponent of John Marshall. Here’s a half-dozen more.

    http://www.robgagnon.net/JeffersonOnJudicialTyranny.htm

    I leave you with Mr. Lincoln, far above my poor power to add or detract.

    “…The candid citizen must confess that if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased to be their own rulers, having, to that extent, practically resigned their government into the hands of that eminent tribunal.”–First Inaugural

    https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/19/the-myth-of-judicial-supremacy/

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  2. In the current crisis, I prefer this.

    “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 . . . and their power [is] 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 corruptions of time and party, its members would become despots.”–Letter to William Jarvis, Sept. 28, 1820

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