Is a
Supreme Court opinion the law of the land?
Here’s what Thomas Jefferson had to say on the issue in a
letter to William
Charles Jarvis (28 September 1820).
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. They
have, with others, the same passions for party, for power, and the privilege of
their corps. Their maxim is “boni judicis est ampliare jurisdictionem”
[it is the part of a good judge to enlarge his jurisdiction],
and their power 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 the corruptions of time and party, its members
would become despots.
It has more wisely made all the departments co-equal and
co-sovereign within themselves.
If the legislature fails to pass laws for a census, for
paying the judges and other officers of government, for establishing a militia,
for naturalization as prescribed by the Constitution, or if they fail to meet
in congress, the judges cannot issue their mandamus to them; if the President
fails to supply the place of a judge, to appoint other civil or military
officers, to issue requisite commissions, the judges cannot force him. …
The Constitution, in keeping three departments distinct and
independent, restrains the authority of the judges to judiciary organs, as it
does the executive and legislative to executive and legislative organs.
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