“At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government. Experience, however, soon showed in what way they were to become the most dangerous; that the insufficiency of the means provided for their removal gave them a freehold and irresponsibility in office; that their decisions, seeming to concern individual suitors only, pass silent and unheeded by the public at large; that these decisions, nevertheless, become law by precedent, sapping, by little and little, the foundations of the constitution, and working its change by construction, before any one has perceived that that invisible and helpless worm has been busily employed in consuming its substance. In truth, man is not made to be trusted for life, if secured against all liability to account.”

1820s, Letter to A. Coray (1823)

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Thomas Jefferson 456
3rd President of the United States of America 1743–1826

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“What people were most concerned about: they were afraid. It was fear. Fear, again, raising its ugly head, in one of the most important decisions we would make. Fear; fear of everything.”

Michelle Obama (1964) lawyer, writer, wife of Barack Obama and former First Lady of the United States

2000s, To Live Beyond Our Fear (2007)
Context: Barack and I talked long and hard about this decision. You know, this wasn’t an easy decision for us, because we’ve got two beautiful little girls, and we have a wonderful life, and everything was going fine. And there was nothing that would have been more disruptive than a decision to run for President of the United States.
And as more people talk to us about it, I mean the question came up again and again. What people were most concerned about: they were afraid. It was fear. Fear, again, raising its ugly head, in one of the most important decisions we would make. Fear; fear of everything. Fear that we might lose. Fear that he might get hurt. Fear that this would be ugly. Fear that it would hurt our family. Fear.
But you know, the reason why I said yes was because I was tired of being afraid. I am tired of living in a country where every decision that we’ve made over the last ten years wasn’t for something, but it was because people told us we had to fear something. We had to fear people who looked different from us. Fear people who believed in things that were different from us. Fear of one another right here in our own backyards.
I am so tired of fear. And I don’t want my girls to live in a country, in a world, based on fear.

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“In England, where judges were named and removable at the will of an hereditary executive, from which branch most misrule was feared, and has flowed, it was a great point gained, by fixing them for life, to make them independent of that executive. But in a government founded on the public will, this principle operates in an opposite direction, and against that will. There, too, they were still removable on a concurrence of the executive and legislative branches. But we have made them independent of the nation itself. They are irremovable, but by their own body, for any depravities of conduct, and even by their own body for the imbecilities of dotage. The justices of the inferior courts are self- chosen, are for life, and perpetuate their own body in succession forever, so that a faction once possessing themselves of the bench of a county, can never be broken up, but hold their county in chains, forever indissoluble. Yet these justices are the real executive as well as judiciary, in all our minor and most ordinary concerns. They tax us at will; fill the office of sheriff, the most important of all the executive officers of the county; name nearly all our military leaders, which leaders, once named, are removable but by themselves. The juries, our judges of all fact, and of law when they choose it, are not selected by the people, nor amenable to them. They are chosen by an officer named by the court and executive. Chosen, did I say? Picked up by the sheriff from the loungings of the court yard, after everything respectable has retired from it. Where then is our republicanism to be found? Not in our constitution certainly, but merely in the spirit of our people. That would oblige even a despot to govern us republicanly. Owing to this spirit, and to nothing in the form of our constitution, all things have gone well. But this fact, so triumphantly misquoted by the enemies of reformation, is not the fruit of our constitution, but has prevailed in spite of it. Our functionaries have done well, because generally honest men. If any were not so, they feared to show it.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

1810s, Letter to H. Tompkinson (AKA Samuel Kercheval) (1816)

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“Once muddying subjectivities are removed from the issue, the decision becomes clear.”

Source: Desolation Road (1988), Chapter 49 (p. 247).

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