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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

Thomas Jefferson#113

PoliticsPowerConstitutionDemocracyJudiciaryFederalism

About this quote

What does it mean?
Jefferson warns that the judiciary could quietly undermine the federal system by expanding its power beyond the constitution.
In plain terms
The courts might slowly change the government structure to become too powerful.
What can you take from it?
Watch judicial expansions of power that conflict with constitutional limits.

Where it applies

  • legal analysis
  • constitutional debates
  • political commentary

Putting it to work

  • review court rulings
  • monitor judicial appointments
  • advocate for strict construction

Questions to consider

  • How should citizens respond when institutions exceed their perceived limits?
  • What defines the proper role of courts in a democracy?

Another view

The judiciary often acts within legal bounds even when expanding interpretation.

More from Thomas Jefferson

  1. I know no safe depository of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their contro…

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  2. We are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it.

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  3. To talk of immaterial existences is to talk of nothings. To say that the human soul, angels, god, are immaterial, is to say they are nothings, or that there is…

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