In 1789 Thomas Jefferson warned that the judiciary if given too much power might ruin ourREPUBLIC, and destroy our RIGHTS!“The new Constitution has secured these [individual rights] in the Executive and legislativedepartments: but not in the Judiciary. It should have established trials by the peoplethemselves, that is to say, by jury.”The Judiciary of the United States is the subtle corps of sappers and miners constantly workingunder ground to undermine the foundations of our confederated fabric.” (1820)“. . . the Federal Judiciary; an irresponsible body (for impeachment is scarcely a scarecrow),working like gravity by night and by day, gaining a little to-day and a little to-morrow, andadvancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurpedfrom the States, and the government of all be consolidated into one.. . . when all government . . . in little as in great things, shall be drawn to Washington as thecentre of all power, it will render powerless the checks provided of one government on anotherand will become as venal and oppressive as the government from which we separated. (1821)
“The opinion which gives to the judges the right to decide what laws are constitutional andwhat are not, not only for themselves in their own sphere of action, but for the legislative andexecutive also in their spheres, would make the judiciary a despotic branch.“. . . judges should be withdrawn from the bench whose erroneous biases are leading us todissolution. It may, indeed, injure them in fame or fortune; but it saves the Republic. . .”
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