Thomas Jefferson Quotes
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.
Thomas Jefferson, 1743-1826, 3rd President of the United States (Democratic Republican, VA), Letter to Spencer Roane, September 6, 1819
Sourced by: Eigen's Political and Historical Quotations
Cummings was arguing against a Constitutional amendment. His alternative led to Roosevelt's court packing schema.
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.
Referring to the Brown v. Board of Education, the Topeka, KS, Supreme Court school desegregation decision:
The New Deal liberal Democrats had complained that the Supreme Court was making national policy and law and not interpreting law. They tried to pack the Supreme Court by adding more justices who would be more sympathetic to the New Deal. (See {587549}.) At the beginning of the 21st century it was the conservative Republicans who were making the same claim that the Supreme Court was making law and not interpreting it. The pattern seems to be when the court votes for your side, they are interpreting the law. When they vote for the other side, they are activist—making law improperly.
See John Marshall's later (1803) use of the concept and term "repugnant." {606483}
Hatch was the chairman of the Senate Judiciary Committee at the time.
Jefferson, like most Presidents and ex-presidents, had his concerns about the judiciary and judicial checks, especially of the Executive Branch.
Barstow the Democratic Governor who had no serious opposition in 1853 found himself challenged for reelection by Coles Bashford of the new Republican Party. The Board of Canvassers reported that Governor Barstow had won reelection but by less than 200 votes in the whole state. The Republicans charged that there had been fraud in some of the rural districts and petitioned the Wisconsin Supreme Court which ruled that nonexistent precincts had indeed voted for the Governor. The Barstow forces however refused to recognize the decisions of the court claiming that the court had no jurisdiction over the Board of Canvassers who were part of the executive branch. The Republicans held their own inauguration and two men claimed to be Governor. But the Governor claimed that the state constitution did not give the court any authority to deal with the crisis, He even called out the State Militia to maintain his office and intimidate the Supreme Court and keep the “other governor” from the state house. Nonetheless the court ruled that even the Governor had to obey the law and the Supreme Court would determine what the law was. Barstow finally “resigned.” See {587915} & {587914}.
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.
White was not confirmed.
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.
