Heres a quip from an old article I published on Jackson: Nearly all judges today believe their interpretation of the Constitution is binding on the other branches, and most in the legislative and executive branches have pretty much accepted that assertion. Yet, in 1832 Andrew Jackson’s Veto Message to Congress vetoing their establishment of a national bank makes this point very clear. In Jackson’s rebuffing of the Supreme Court he wrote: It is maintained by the advocates of the bank that its constitutionality in all its features ought to be considered as settled by precedent and by the decision of the Supreme Court. To this conclusion I cannot assent. Mere precedent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power except where the acquiescence of the people and the States can be considered as well settled…The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval as it is of the supreme judges when it may be brought before them for judicial decision. The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve.[xi] avalon.law.yale.edu/19th_century/ajveto01.asp
Posted on: Mon, 05 May 2014 02:44:54 +0000
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