Thomas Jefferson Quotes
And, in general, that branch which is to act ultimately and without appeal on any law is the rightful expositor of the validity of the law, uncontrolled by the opinions of the other coordinate authorities.
Jefferson, Thomas. "Letter to William H. Torrance, 11 June 1815." The Papers of Thomas Jefferson, Retirement Series, edited by J. Jefferson Looney, vol. 8, Princeton University Press, 2011, p. 522.
This concept of balance of power and the equal role of the judiciary is actually quite rare. Even in Parliamentary democracies the parliament can override any court interpretation. In England, the upper legislative house, the House of Lords, actually serves as the nation’s highest or supreme court. And these “Law Lords” can override all regular judicial bodies.
See John Marshall's later (1803) use of the concept and term "repugnant." {606483}
This constitution was written 7 years before the national constitutional convention. It shows that there was concern about the separation of powers in United States even before the Constitution was drafted. See {616750} for an even clearer statement of the separation of powers principle.
One of the conundrums of our constitutional system is who has the last word as to what the Constitution means. Essentially it is the judicial branch headed by the Supreme Court. But there are those who believe that the current popular majority should have a say in what is or is not constitutional. If so the legislative branch should have the last word. Still others say that the President is the only person elected by ALL the people, so his opinion most reflects the will of the public. And then there are most who argue that the Constitutional system was created just to avoid the power of currently popular majorities, and the courts should decide based on the Constitution itself. So the statement has very little meaning except that Phillips thinks that the courts have too much power. Whoever gets to decide what is or is not Constitutional will be accused of being “over” the Constitution by those who don’t like the decisions. In our system, that is the courts.
The President had authorized the NSA to spy Americans who might have been suspected of being themselves or being in contact with terrorists without obtaining permission of a court including the Foreign Intelligence Surveillance Act (FISA) special court that had been established for these cases. Instead the administration argues that it was inherent in the powers of the Presidency in time of war.
In 2002 the corrupt Indonesian Courts ruled that a very solvent Canadian company Manulife was bankrupt so that others could get control. The international financial and political community wanted the Indonesian government to intervene and reverse the rulings, but historically the courts had no independence and had been tools of the government.
Jefferson’s fears were later reinforced by John Marshall in Marbury v. Madison {606468}
Hatch was the chairman of the Senate Judiciary Committee at the time.
Thomas Jefferson was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Father who served as the third president of the United States from 1801 to 1809. He had previously served as the second vice president of the United States under John Adams between 1797 and 1801. The principal author of the Declaration of Independence, Jefferson was a proponent of democracy, republicanism, and individual rights, motivating American colonists to break from the Kingdom of Great Britain and form a new nation; he produced formative documents and decisions at both the state and national levels.
