Conclusion and Final Thoughts
In sum, Lincoln, Jackson, and Roosevelt argued against judicial supremacy on multiple, and often similar, grounds. First, they saw the Judicial review as a process which conflicted with their oath to execute the law and preserve the Constitution. To preserve the Constitution, they had to operate on their understanding of it. Moreover, judicial review could be a slow- if not entirely backwards- process that limited their ability to efficiently and expediently execute the laws.
Second, these Presidents saw judicial dominance as a sort of "Superior" check in the system of balances. Judicial review could overturn legislation proposed, approved, and ratified by the elected Legislative and Executive branches of government. This ability inspired Roosevelt's famous quote that "two of the horses [of government] are pulling in unison today; the third is not." Jackson and Lincoln argued that the process of interpreting the Constitution should be shared equally among all branches. No one branch should have the final and authoritative power to say what the Constitution means. Interestingly, arguments in this vein seem to rehash the Anti-Federalist concerns primary concerns of Brutus in 1788.
Third, these Presidents argued that the Court did not necessarily represent the People. Roosevelt argued that the power to interpret came from the People who "voted a mandate" for Congress and the President to "protect" them. In a similar vein, Jackson had stated that the power of the Court's decisions only extended insofar as "the acquiescence of the people and the States can be considered as well settled." If the Court's decision did not reflect the will of the People, it had no real authority.
Ultimately, however, the question of whether the Court should have authoritative right to interpret the Constitution had all but disappeared by Frank Roosevelt's second term in office. Criticisms of the Court focused instead upon how the Court interpreted the Constitution.
Have Madison's fears come true? Like Dr. Frankenstein, did the Framers create an incidental monster, one that can "check its own Constitutionality?" Is it true, as Brutus wrote in 1787, that there is "no power provided in this system to correct their construction" of the Constitution?"
I'm not sure. Who is to say? Perhaps we should let our students, the People, decide.
Comments: