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You seem to consider the federal 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 the party, for power and the privilege of the corps. Their power is 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 departments co-equal and co-sovereign within themselves.

Thomas Jefferson#115

PoliticsLawConstitutionJudiciary

About this quote

What does it mean?
Jefferson warns against viewing federal judges as the ultimate arbiters of the Constitution, arguing for co-equal branches to prevent despotism.
In plain terms
Judges should not be the final say on the Constitution.
What can you take from it?
Balance power among government branches to prevent tyranny.

Where it applies

  • legal theory
  • politics

Putting it to work

  • check judicial power
  • protect constitutional balance

Questions to consider

  • Who decides on the Constitution?
  • How do you prevent tyranny?

Another view

The judiciary has a role in constitutional interpretation.

More from Thomas Jefferson

  1. 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.

    Permalink to quote #114
  2. That one hundred and fifty lawyers should do business together ought not to be expected.

    Permalink to quote #116
  3. 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 f…

    Permalink to quote #113

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