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re: The surprise Princeton document : constitution convention rejected judicial veto power

Posted on 4/25/17 at 5:28 pm to
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
424998 posts
Posted on 4/25/17 at 5:28 pm to
quote:

and I'm not aware of any of them going on record stating disdain for the decision (except for James Madison of course

Thomas Jefferson did, but he wasn't part of the process that created teh Constitution (and he showed why after M v M)
Posted by mizzoubuckeyeiowa
Member since Nov 2015
35733 posts
Posted on 4/25/17 at 5:40 pm to
quote:

Thomas Jefferson did


Yeah, he wasn't happy.

"To consider the judges as the ultimate arbiters of all constitutional questions [is] 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 party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power 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 the departments co-equal and co-sovereign within themselves."

—Thomas Jefferson to William C. Jarvis, 1820. ME 15:277
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