Did We Forget or Did We Choose to Forget?


The original error [was in] establishing a judiciary independent of the nation, and which, from the citadel of the law, can turn its guns on those they were meant to defend, and control and fashion their proceedings to its own will.”

Thomas Jefferson to John Wayles Eppes, 1807.

David DeGerolamo

      
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2 Responses to Did We Forget or Did We Choose to Forget?

  1. rogerunited says:

    It has always seemed odd that so little thought was put into the judiciary, but what is the alternative to our current system? It is possible for the Congress to override a Supreme court decision, isn’t it?

    • David says:

      Jefferson wanted a mechanism in the Constitution that would allow a vote in Congress to remove a sitting Supreme Court judge. Too bad he was in France at that period of time.

      Congress may override a decision by passing legislation (which may be challenged) or pass a law forbidding the court from ruling on a case: ex parte McCardle. I think a little more accountability would be in order for all branches of government but at this point, it seems unlikely that they will ever have another budget.

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