Letter to Abigail Adams about the Sedition Acts (1804) https://founders.archives.gov/documents/Jefferson/99-01-02-0348
1800s, First Presidential Administration (1801–1805)
Context: You seem to think it devolved on the judges to decide on the validity of the sedition law. but nothing in the constitution has given them a right to decide for the executive, more than to the Executive to decide for them. Both magistracies are equally independant in the sphere of action assigned to them. The judges, believing the law constitutional, had a right to pass a sentence of fine and imprisonment; because that power was placed in their hands by the constitution. But the Executive, believing the law to be unconstitutional, was bound to remit the execution of it; because that power has been confided to him by the constitution That instrument(The Constitution) meant that its coordinate branches should be checks on each other. 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.
“If the legislature would punish, it must enlist... the other branches—the executive to prosecute, the judicial to try and convict.”
American Constitutional Law (1978), Approaches to Constituitonal Analysis
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Laurence Tribe 35
American lawyer and law school professor 1941Related quotes
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ibid.
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If They Come in The Morning (1971)
Source: Wooden: A Lifetime of Observations and Reflections On and Off the Court
As quoted in 1,000 Days in Prison: Narges Mohammadi Condemns Iranian Judiciary’s “Subservience” to Security Agencies https://www.iranhumanrights.org/2018/02/1000-days-in-prison-narges-mohammadi-condemns-iranian-judiciarys-subservience-to-security-agencies/ (February 21, 2018), Center for Human Rights in Iran.
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1960s, Address to Cornell College (1962)
Source: "Science, values and public administration," 1937, p. 189