"... the opinion which gives to the judges the right to decide what laws are constitutional and what are not, not only for themselves in their own sphere of action but for the Legislature and Executive also in their spheres, would make the Judiciary a despotic branch."
The history of the Court, not to mention last week's decision on the constitutionality of the McCain-Feingold campaign finance reform that attacks free speech, is proof that Jefferson was right and Alexander Hamilton wrong in his Federalist Paper No. 78 prediction that the judiciary would be the "least dangerous" branch of government.
I agree with nearly all Walter's comments.
As you read through the Consitution, this statement will be repeatedly confirmed:
James Madison, His Legacy: Federalist Papers (FEDERALIST No. 51) But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates.
Congress can fire a President and a federal judge. Neither of those can fire anyone in Congress. And who controls Congress? "We the people."
Congress & the President have neglected using several Constitutional means of preventing and correcting what has become the "despotic branch."
The Federalist #81 The arguments, or rather suggestions, upon which this charge is founded, are to this effect: "The authority of the proposed Supreme Court of the United States, which is to be a separate and independent body, will be superior to that of the legislature. The power of construing the laws according to the spirit of the Constitution, will enable that court to mould them into whatever shape it may think proper; especially as its decisions will not be in any manner subject to the revision or correction of the legislative body. This is as unprecedented as it is dangerous. In Britain, the judical power, in the last resort, resides in the House of Lords, which is a branch of the legislature; and this part of the British government has been imitated in the State constitutions in general. The Parliament of Great Britain, and the legislatures of the several States, can at any time rectify, by law, the exceptionable decisions of their respective courts. But the errors and usurpations of the Supreme Court of the United States will be uncontrollable and remediless." This, upon examination, will be found to be made up altogether of false reasoning upon misconceived fact.
Federalist #81 goes on to explain and expound upon the very limited power of the federal courts.
Jefferson and Hamilton were both right. Hamilton described the design and Jefferson described what occurs when the government operates contrary to design.