Question

Jefferson once said: "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, by sapping and mining slyly and without alarm the foundations of the Constitution, can do what open force would not dare to attempt." To what was he referring?

(a) The power of judicial review
(b) The power of the executive branch to veto legislation
(c) The power of the legislative branch to pass laws
(d) The power of the Supreme Court to strike down laws

Answer 1

Jefferson was referring to the power of judicial review, which is the authority of the Supreme Court to interpret laws and declare them unconstitutional if necessary.

Step-by-step explanation:

Thomas Jefferson was referring to the power of judicial review in the quoted statement. Judicial review is the authority of the Supreme Court to declare what the law is and to assess the constitutionality of legislative acts or actions by the executive. This power was established in the landmark case, Marbury v. Madison (1803), even though it wasn't expressly provided for in the Constitution. Jefferson's concerns highlight the potential of this power to influence and possibly undermine the foundations of the constitutional framework. Despite Alexander Hamilton's assurances in Federalist No. 78 that the judiciary would be the least dangerous branch because it had neither force nor will but merely judgment, Jefferson feared the unchecked power to interpret laws could be wielded to alter the balance of power within the government.