Cousin vs. Cousin

Thomas Jefferson battled with his cousin, John Marshall… over the role of the federal judiciary, but also over the direction of our young republic.  Jefferson long feared an unchecked judicial branch during the ratification crisis- Marshall’s decision in Marbury v. Madison only deepened his distrust.

Keep legislating to a minimum

Keep legislating to a minimum

The Court determined at once, that being an original process, they had no cognizance of it; and therefore the question before them was ended. But the Chief Justice went on to lay down what the law would be, had they jurisdiction in the case, to wit: that they should command delivery . . . . Besides the impropriety of this gratuitous interference, could anything exceed the perversion of law?
Yet this case of Marbury and Madison is continually cited by bench and bar, as if it were settled law, without any animadversion on its being an obiter dissertation of the Chief Justice. like gravity by night and day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the states, and the government of all be consoli¬dated into one.” Jefferson 1804

Keeping it in the family

Keeping it in the family

Marshall answered:

“For Mr. Jefferson’s opinion as respects this department, it is not difficult to assign the cause. He is among the most ambitious, and I suspect among the most unforgiving of men. His great power is over the mass of people, and this power is chiefly acquired by professions of democracy. Every check on the wild impulse of the moment is a check on his own power, and he is unfriendly to the source from which it flows. He looks of course with ill will at an independent judiciary.”  Marshall 1807

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