Judicial Supremacy Quotes
In 1832 the Supreme Court held that the state of Georgia could not remove Creek and Cherokee Indians from lands that had been guaranteed to them by a federal treaty. The president disagreed with the court, then headed by John Marshall:. Marshall could not do so without the executive. The Indians were illegally removed to Western lands.
Jefferson, like most Presidents and ex-presidents, had his concerns about the judiciary and judicial checks, especially of the Executive Branch.
On June 12, 1789 a Senate committee proposed a federal court system for the nation. Maclay described it as:
Originally it was published in Boston under the name “A Columbian Patriot.” She was worried about the jurisdiction of the Supreme Court extending throughout the country and yet the nation was very much smaller then than it is today. However, transport and communications have grown with the country.
Later that year he sent federal troops to Little Rock, Arkansas to enforce a desegregation order.
This kind of attack on the Supreme Court by a prominent legal figure is quite unusual. However, the appointment of the ideologue, Clarence Thomas and his effect on the balance of the court triggered much controversy.