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Listening to America

The Supreme Court

Listening to America

Listening to America

Society & Culture, History

4.61.1K Ratings

🗓️ 28 June 2019

⏱️ 5 minutes

🧾️ Download transcript

Summary

"It is a necessary evil, and the more we rein it in, the happier and freer we shall be." — Clay S. Jenkinson portraying Thomas Jefferson

Find this episode, along with recommended reading, on the blog. Support the show by joining the 1776 Club or by donating to the Thomas Jefferson Hour, Inc. You can learn more about Clay's cultural tours & retreats at jeffersonhour.com/tours. Check out our new merch. You can find Clay's publications on our website, along with a list of his favorite books on Jefferson, Lewis & Clark, and other topics. Thomas Jefferson is interpreted by Clay S. Jenkinson.

Transcript

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0:00.0

Good Day citizens and welcome to What Would Jefferson do?

0:05.0

Our weekly opportunity to discuss current American events with President Thomas Jefferson,

0:11.0

who is seated across for me now and good day to you, Mr. Jefferson.

0:15.0

Good day to you, Citizen.

0:16.6

Mr. Jefferson, I'd like to speak with you about the Supreme Court.

0:20.8

As you know from personal experience the Supreme Court has vast power.

0:26.0

Too much power in my view.

0:28.0

While I was president, we impeached a Supreme Court justice by the name of Samuel Chase.

0:34.3

He had been giving diatribes against democracy and against the party in power from the

0:39.8

bench, had been instructing jurors on how to respond to cases and had filled his opinions with

0:46.2

innuendo and what are known as arbiter dicta, digressions outside of the main business of the case.

0:54.5

And so we impeached him.

0:56.1

The House of Representatives impeached him.

0:57.8

He was tried in the Senate and acquitted.

0:59.8

And after that I said, this is probably a bungling mechanism to chasten Supreme Court justices, but I felt strongly that at least we had given them a warning that they must make some attempt to embody the will of the people.

1:14.7

They cannot sit outside of the will of the people.

1:18.4

Of course they can check acts of Congress when they think they're unconstitutional,

1:22.0

but they mustn't become a third

1:23.8

political arm of our government. Decisions made by the court while at times

1:28.0

seemingly impersonal can affect millions of American citizens in a very personal way sir yes so in my time

1:36.6

there were six million Americans in your time almost 340 million Americans and in my time six justices in your time nine sat in

1:49.1

isolation and dictated terms for a sovereign people.

...

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