The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
Philosophy
The Writings of Thomas Jefferson, Vol. 7 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
In denying the right they usurp of exclusively explaining the
constitution, I go further than you do, if I understand rightly your
quotation from the Federalist, of an opinion that "the judiciary is the
last resort in relation _to the other departments_ of the government,
but not in relation to the rights of the parties to the compact under
which the judiciary is derived." If this opinion be sound, then indeed
is our constitution a complete _felo de se_. For intending to establish
three departments, co-ordinate and independent, that they might check
and balance one another, it has given, according to this opinion, to
one of them alone, the right to prescribe rules for the government of
the others, and to that one too, which is unelected by, and independent
of the nation. For experience has already shown that the impeachment
it has provided is not even a scare-crow; that such opinions as the one
you combat, sent cautiously out, as you observe also, by detachment, not
belonging to the case often, but sought for out of it, as if to rally
the public opinion beforehand to their views, and to indicate the line
they are to walk in, have been so quietly passed over as never to have
excited animadversion, even in a speech of any one of the body entrusted
with impeachment. 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. It should be remembered, as an axiom of eternal
truth in politics, that whatever power in any government is independent,
is absolute also; in theory only, at first, while the spirit of the
people is up, but in practice, as fast as that relaxes. Independence
can be trusted nowhere but with the people in mass. They are inherently
independent of all but moral law. My construction of the constitution is
very different from that you quote. It is that each department is truly
independent of the others, and has an equal right to decide for itself
what is the meaning of the constitution in the cases submitted to its
action; and especially, where it is to act ultimately and without appeal.
I will explain myself by examples, which, having occurred while I was
in office, are better known to me, and the principles which governed them.
Public-domain text, read in full here on John Shaqi.
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