The Constitution . . . meant that its coordinate branches should be checks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch.
About this quote
- What does it mean?
- Jefferson warns that judicial review makes the judiciary a despotic branch. He believes courts should not have final say on what laws are constitutional.
- In plain terms
- Letting judges decide all constitutional questions makes them too powerful.
- What can you take from it?
- Power should be balanced among branches, not held by judges.
Where it applies
Putting it to work
Questions to consider
- Who checks the judges?
- Should courts strike laws?
Another view
Some legal interpretation is needed by courts.
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