Citizen Advocates for Constitutional Principles


Constitutional Gems - # 715 – 04-09-2007


Question: Does the Supreme Court have any checks on its power?



Focusing on the Constitutional -
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution...
(US Constitution, Article III, Section 2, Clause 1)
But there was another amendment of which none of us thought at the time and in the omission of which lurks the germ that is to destroy this happy combination of National powers in the General government for matters of National concern, and independent powers in the states for what concerns the states severally....
I do not charge the judges with willful and ill-intentioned error; but honest error must be arrested where its toleration leads to public ruin. As for the safety of society, we commit honest maniacs to Bedlam; so judges should be withdrawn from their bench whose erroneous biases are leading us to dissolution. It may, indeed, injure them in fame or in fortune; but it saves the republic, which is the first and supreme law.
(Thomas Jefferson, Autobiography, 1821, Works 1:120--23)

Read Jefferson's entire statement.




 

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