After Sheriff Harrison’s attorney’s remarks concerning Marbury v. Madison, it appears that most people are unfamiliar with this ruling. It also appears that people that are familiar with it, are using it in a manner that is what Thomas Jefferson warned us about concerning judicial tyranny.
Early in his career Jefferson was concerned for the independence of the judiciary in order that it be strong and to prevent injustice. However, when the federalists focused their efforts on the transfer to Washington of the power reserved in the Constitution to the States, using the power that they had obtained in the judiciary, he began to view with alarm the subversion of the judiciary and its independence of the nation. To the prevention of their objective Jefferson devoted the rest of his life. The following quotations may be found in Jefferson: Magnificent Populist, by Martin Larson, pp 136-142
Judicial tyranny was the subject of many of his letters …
BUT THE 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. — Letter to Mrs. John Adams, Nov. 1804
I have little respect for our Supreme Court after their decision concerning the Affordable Health Care Act. Does anyone think this body is acting in the best interest of our Republic? If you do, I suggest you remember Justice Ginsburg’s thoughts on our Constitution that she gave to the Egyptian people. I have little respect for anyone who puts the rule of men over the rule of law.