Thomas Jefferson | Teen Ink

Thomas Jefferson

January 6, 2015
By Riyan6 BRONZE, Nooksack, Washington
Riyan6 BRONZE, Nooksack, Washington
1 article 0 photos 0 comments

Thomas Jefferson was right when he said "It is very dangerous doctrine to consider the judges as the ultimate arbiters of all constitutional questions. It is one, which would place us under the despotism of oligarchy." 
In Article 3 Section 2, the Constitution explains what original jurisdiction is. In Marbury VS Madison (pg.2) Justice Marshall wrote, " The authority, therefore, given to the Supreme Court... to issue writs of mandamus to public officers, appears not to be warranted by the constitution." Marshall is sticking to the Constitution when he tells Marbury he is in the wrong court. Jefferson is saying it's dangerous for judges to be the ultimate decides about the constitution. "Let it be within the scope of the constitution.... Which are appropriate... Which are not prohibited by consist with the letter and spirit of the constitution, are constitutional" (McCulloch VS Maryland)(Pg.2). Marshall is saying that it's ok to stretch the constitution.


In Marbury VS Madison Justice Marshall says it's the duty of the judicial department to say what the law is. "Those who apply the rule to particular cases, must of necessity expound and interpret that rule" (Marbury VS Madison pg.2). Marshall is saying that they can explain and decide what the law means. Thomas Jefferson is worried that the courts are grabbing to much power. " If both the law and the constitution apply to a particular case... the court must determine which of these conflicting rules governs the case" (Marbury VS Madison pg.2). Marshall is claiming that they have the ability to decide if cases follow the law. Jefferson believes that it's too much power for these judges to have.


Marshall argues in Marbury that the court is independent from the other two branches of government. The Supreme Court decides when a law is "disregarding the constitution" (Marbury VS Madison pg.2). Marshall seems to be ignoring the Separation of Powers principle of the constitution.  Marshall is going to far according to Thomas Jefferson. Marshall states that it is the courts job to decide "if a law be in opposition to the constitution" (Marbury VS Madison pg.2). The court is ruling on the separation of powers by deciding what powers the other two branches have.



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