Law professor and Mises Adjunct Scholar William J. Quirk’s 1995 book, Judicial Dictatorship (with R. Randall Bridwell) is now online (with permission) (How High The Court?, book review by David Gordon). Although I have some disagreements with the authors, the book is a good resource and study of Jefferson’s views on federalism and judicial review.
Source link: http://blog.mises.org/3832/quirk-and-bridwell-judicial-dictatorship/
Quirk and Bridwell, Judicial Dictatorship
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The US Supreme Court is now, and historically has been, the single greatest threat to democracy in America. Terrorists can kill a few of us and make us very angry, but activist judges have been able to deprive us of the very power to determine the laws we live under through our elected representatives. The founders tended to view the executive as the greater threat and so hobbled the President that he rarely appears other than one of us. But, perhaps subconsciously needing an absolute ruler, we have allowed the Supreme Court to assert, without any ultimate Constitutional justification, that it alone has the final say regarding what laws we shall be allowed to make for ourselves. It is nothing less than a dicatatorship of the Judiciary.
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