Trained as a lawyer, Jefferson was a great writer but never a good speaker or advocate and never comfortable in court. He believed that judges should be technical specialists but should not set policy. He denounced the 1801 Supreme Court ruling in Marbury v. Madison as a violation of democracy, but he did not have enough support in Congress to propose a Constitutional amendment to overturn it. He continued to oppose the doctrine of judicial review:
“ To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men and not more so. They have with others the same passions for party, for power, and the privilege of their corps. Their maxim is boni judicis est ampliare jurisdictionem [good justice is broad jurisdiction], and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.[46]
” Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual. Thomas Jefferson
When the people fear their government, there is tyranny; when the government fears the people, there is liberty. Thomas Jefferson