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Thomas Jefferson Quotes about Judging

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To consider 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.

To consider 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.

Thomas Jefferson
Freedom, Judging, Political
Thomas Jefferson “Selected letters of Thomas Jefferson”, Lulu.com

The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches.

Thomas Jefferson
Exercise, Law, Judging
Thomas Jefferson, J. Jefferson Looney (2004). “The Papers of Thomas Jefferson: 1 October 1814 to 31 August 1815”, p.525, Princeton University Press

[T]he 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.

Thomas Jefferson
Government, Law, Judging
Thomas Jefferson (1829). “Memoir, correspondence, and miscellanies from the papers of T. Jefferson”

One single object . . . [will merit] the endless gratitude of the society: that of restraining the judges from usurping legislation.

Thomas Jefferson
Gratitude, Judging, Politics

The government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers.

Thomas Jefferson
Government, Judging, Finals
Thomas Jefferson (2010). “The Works of Thomas Jefferson: Correspondence 1793-1798”, p.461, Cosimo, Inc.

As, for the safety of society, we commit honest maniacs to Bedlam, so judges should be withdrawn from their bench, whose erroneous biases are leading us to dissolution.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
Law, Safety, Judging
Thomas Jefferson (1829). “Memoirs Corespondence and Private Papers of Thomas Jefferson Late, President of the United States: Now First Published the Original Manuscripts”, p.70

For Heaven's sake discard the monstrous wig which makes the English judges look like rats peeping through bunches of oakum.

Thomas Jefferson
Judging, Heaven, Looks
"The Constitution and Administration of the United States of America". 1897.

The objects of this primary education . . . would be . . . to form the statesmen, legislators and judges, on whom public prosperity and individual happiness are so much to depend.

Thomas Jefferson
Education, Individual Happiness, Judging
Thomas Jefferson (1990). “Public and private papers”, Vintage Books

It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they would be the sole judges of the good or evil, it would be also a power to do whatever evil they please . . . . Certainly no such universal power was meant to be given them. It [the Constitution] was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect.

Thomas Jefferson
Mean, Evil, Judging

It has been thought that the people are not competent electors of judges learned in the law. But I do not know this to be true, and, if doubtful, we should follow principle.

Thomas Jefferson
Law, People, Judging
Thomas Jefferson, Jean M. Yarbrough (1963). “The Essential Jefferson”, p.241, Hackett Publishing

That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour of that instrument, is the rightful remedy.

Thomas Jefferson
Independent, Judging, Nullification

The best (remedy) I can devise would be to give future commissions to (federal) judges for six years with a re-appointability by the President with the approbation of both houses. If this would not be independence enough, I know not what would be.

Thomas Jefferson
Years, Giving, Judging

Laws ... proportionate and mild should never be dispensed with. Let mercy be the character of the law-giver, but let the judge be a mere machine.

Thomas Jefferson
Character, Law, Judging
Thomas Jefferson, Joyce Appleby, Terence Ball (1999). “Jefferson: Political Writings”, p.337, Cambridge University Press

The whole body of the nation is the sovereign legislative, judiciary, and executive power for itself. The inconvenience of meeting to exercise these powers in person, and their inaptitude to exercise them, induce them to appoint special organs to declare their legislative will, to judge and to execute it. It is the will of the nation which makes the law obligatory.

Thomas Jefferson
Exercise, Law, Judging
Thomas Jefferson (1977). “The Portable Thomas Jefferson”, p.378, Penguin

Knowing that religion does not furnish grosser bigots than law, I expect little from old judges.

Thomas Jefferson
Law, Knowing, Judging
Thomas Jefferson (1854). “The Writings of Thomas Jefferson”, p.532

History teaches the young the virtues of freedom. By apprising them of the past it will enable them to judge the future.

Thomas Jefferson
Past, History, Judging

I enclose to you a copy of the declaration of independence as agreed to by the House, and also, as originally framed. You will judge whether it is the better or worse for the Critics.

Thomas Jefferson
Judging, House, Independence
Thomas Jefferson (2010). “The Works of Thomas Jefferson: Correspondence 1771 - 1779, the Summary View, and the Declaration of Independence”, p.217, Cosimo, Inc.

The juries are our judges of all fact, and of law when they choose it.

Thomas Jefferson
Law, Judging, Judgement
Thomas Jefferson (1977). “The Portable Thomas Jefferson”, p.439, Penguin

If the question [before justices of the peace] relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact.

Thomas Jefferson
Law, Judging, Justice
Thomas Jefferson (2010). “The Works of Thomas Jefferson: Notes on Virginia II, Correspondence 1782-1786”, p.37, Cosimo, Inc.