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- this member of the government was at first considered as the most harmless and helpless of all its organs. but it has proved that the power of declaring what the law is, ad libitum at ones pleasure, by sapping and mining, slyly and without alarm, the foundations of the constitution, can do what open force would not dare to attempt. - thomas jefferson, 1825 which supreme court power did thomas jefferson think was so dangerous? sentencing criminals judicial review hearing appeals selecting juries clear all
Brief Explanations
Thomas Jefferson's statement emphasizes the power of declaring what the law is. Judicial review is the power of courts to evaluate whether a law or action complies with the constitution. The description of "sapping and mining...the foundations of the Constitution" aligns with judicial review's potential impact on constitutional balance. Sentencing criminals, hearing appeals, and selecting juries are more routine court functions without the same constitutional - altering connotation as judicial review.
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judicial review