Comment by unholythree
8 months ago
Well Jefferson certainly wasn't ever wrong about anything. He certainly wouldn't have held any beliefs contrary to 20th or 21st century values. /s
Obviously the dude had a lot of good ideas, but just grabbing anything he said and acting like it's gospel is flawed for dare I say a pretty glaring reason...
I'm not saying that Jefferson's words were elevated beyond his peers.
His flaws certainly belie such an assertion.
I'm saying that what Jefferson did was to remove problematic judges.
Congress had, has, and will have the power to reshape the federal judiciary as they choose. They can erase all courts below the supreme, and they can add or remove justices to the highest court as they choose (excepting present members, which are lifetime). Thus the saying "pack the court."
To challenge an executive that has friends in congress is a dangerous proposition for a federal judge.
It could end badly.
> To challenge [the legality of an action by] an executive that has friends in congress is a dangerous proposition for a federal judge. > It could end badly.
This implies that the courts cannot be an effective check and balance on the other branches. Aren't they meant to be?
It depends what you think is meant by the term "effective". Courts foremost serve a truth-finding function and buffer against arbitrary authority being applied to individual people.
It's always been controversial whether a court can disparage a law of broad application or impugn the president directly. The "effectiveness" of those functions was always a little speculative.
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They are meant to be a check and balance on the legislative and executive branch, but those branches are also meant to be a check and balance against the judicial. It's not a one way street. This statement is not intended to address the root current event being discussed.