Thomas Jefferson said, “To consider the judges as the ultimate arbiters of all constitutional questions [is] 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 [good justice is broad 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.”[1]
Speaking to Chief Justice William Johnson’s averment, that “There must be an ultimate arbiter somewhere….[Jefferson responded] True, there must; The ultimate arbiter is the people of the Union, assembled by their deputies in convention, at the call of Congress or of two-thirds of the States.”[2]
[1] Thomas Jefferson to William C. Jarvis, 1820. ME 15:277, Thomas Jefferson’s Reaction to Marbury v. Madison, http://www.landmarkcases.org/marbury/jefferson.html
[2] Thomas Jefferson to William Johnson, 1823. ME 15:451, Thomas Jefferson’s Reaction to Marbury v. Madison, http://www.landmarkcases.org/marbury/jefferson.html
