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The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone. This will lay all things at their feet, and they are too well versed in English law to forget the maxim, boni judicis est ampliare juris-dictionem. We shall see if they are bold enough to take the daring stride their five lawyers have lately taken. If they do, then, with the editor of our book, in his address to the public, I will say, that "against this every man should raise his voice," and more, should uplift his arm. Who wrote this admirable address? Sound, luminous, strong, not a word too much, nor one which can be changed but for the worse. That pen should go on, lay bare these wounds of our constitution, expose the decisions seriatim, and arouse, as it is able, the attention of the nation to these bold speculators on its patience. Having found, from experience, that impeachment is an impracticable thing, a mere scare-crow, they consider themselves secure for life; they sculk from responsibility to public opinion, the only remaining hold on them, under a practice first introduced into England by Lord Mansfield. An opinion is huddled up in conclave, perhaps by a majority of one, delivered as if unanimous, and with the silent acquiescence of lazy or timid associates, by a crafty chief judge, who sophisticates the law to his mind, by the turn of his own reasoning
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Letter to Thomas Ritchie (25 December 1820).

 

Thomas Jefferson

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At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous ; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account.

 

Thomas Jefferson

 

[T]he Government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the Government of all; its powers are delegated by all; it represents all, and acts for all. Though any one State may be willing to control its operations, no State is willing to allow others to control them. The nation, on those subjects on which it can act, must necessarily bind its component parts. But this question is not left to mere reason; the people have, in express terms, decided it by saying, [p406] "this Constitution, and the laws of the United States, which shall be made in pursuance thereof," "shall be the supreme law of the land," and by requiring that the members of the State legislatures and the officers of the executive and judicial departments of the States shall take the oath of fidelity to it. The Government of the United States, then, though limited in its powers, is supreme, and its laws, when made in pursuance of the Constitution, form the supreme law of the land, "anything in the Constitution or laws of any State to the contrary notwithstanding."

 

John Marshall

 

The 'public' is a phantom, the phantom of an opinion supposed to exist in a vast number of persons who have no effective interrelation and though the opinion is not effectively present in the units. Such an opinion is spoken of as 'public opinion,' a fiction which is appealed to by individuals and by groups as supporting their special views. It is impalpable, illusory, transient; "'tis here, 'tis there, 'tis gone"; a nullity which can nevertheless for a moment endow the multitude with power to uplift or destroy.

 

Karl Jaspers

 

When the clergy addressed General Washington on his departure from the government, it was observed in their consultation that he had never on any occasion said a word to the public which showed a belief in the Christian religion and they thought they should so pen their address as to force him at length to declare publicly whether he was a Christian or not. They did so. However [Dr. Rush] observed the old fox was too cunning for them. He answered every article of their address particularly except that, which he passed over without notice. Rush observes he never did say a word on the subject in any of his public papers except in his valedictory letter to the Governors of the states when he resigned his commission in the army, wherein he speaks of the benign influence of the Christian religion. I know that Gouverneur Morris, who pretended to be in his secrets & believed himself to be so, has often told me that General Washington believed no more of that system than he himself did.

 

Thomas Jefferson

 

When the clergy addressed General Washington on his departure from the government, it was observed in their consultation that he had never on any occasion said a word to the public which showed a belief in the Christian religion and they thought they should so pen their address as to force him at length to declare publicly whether he was a Christian or not. They did so. However [Dr. Rush] observed the old fox was too cunning for them. He answered every article of their address particularly except that, which he passed over without notice. Rush observes he never did say a word on the subject in any of his public papers except in his valedictory letter to the Governors of the states when he resigned his commission in the army, wherein he speaks of the benign influence of the Christian religion. I know that Gouvemeur Morris, who pretended to be in his secrets & believed himself to be so, has often told me that General Washington believed no more of that system than he himself did.

 

George Washington