In this letter to William T. Barry, Thomas Jefferson writes about republican values and his distrust of the Supreme Court. Jefferson apparently believed that the lack of accountability of the Supreme Court would be the downfall of the United States.

We see Jefferson’s fears coming to light today in such unconstitutional acts as the acceptance of social security and medicare. If the Democrats’ socialized medicine bill is passed into law and the Supreme Court accepts it as law, Jefferson will be shown to be right again. And it may fall to us to reform the Supreme Court.

HR

–

To William T. Barry.

Moticello, July 2, 1822.
Sir,

Your favor of the 15th of June is received, and I am very thankful for the kindness of its expressions respecting myself. But it ascribes to me merits which I do not claim. I was only of a band devoted to the cause of independence, all of whom exerted equally their best endeavors for its success, and have a common right to the merits of its acquisition. So also in the civil revolution of 1801[1]. Very many and very meritorious were the worthy patriots who assisted in bringing back our government to its republican tack. To preserve it in that will require unremitting vigilanace. Whether the surrender of our opponents, their reception into our camp, their assumption of our name, and apparent accession to our objects, may strengthen or weaken the genuine principles of republicanism, may be a good or an evil, is yet to be seen. I consider the party division of whig and tory the most wholesome which can exist in any government, and well worthy of being nourished, to keep out those of a more dangerous character. We already see the power, installed for life, responsible to no authority (for impeachment is not even a scare-crow)[2], advancing with a noiseless and steady pace to the great object of consolidation. The foundations are already deeply laid by the decisions, for the annihiliation of constitutional State rights, and the removal of every check, every counterpoinse to the ingulphing power of which themselves are to make a sovereign part. If ever this vast country is brought under a single government, it will be one of the most extensive corruption, indifferent and incapable of a wholesome care over so wide a spread of surface. This will not be borne, and you will have to choose between reformation and revolution. If I know the spirit of this country, the one or the other is inevitable. Before the canker is become inveterate, before its venom has reached so much of the body politic as to get beyond control, rememdy should be applied. Let the future appointments of judges be four or six years, and renewable by the President and Senate. This will bring their conduct, at regular periods, under revision and probation, and may keep them in equipoise between the general and special governments. We have erred in this point, by copying England, where certainly it is a good thing to have the judges independent of the King. But we have ommitted to copy their caution also, which makes a judge removable on the address of both legislative Houses. That there should be public functionaries independent of the nation, whatever may be their demerit, is a solecism in a republic, of the first order of absurdity and inconsistency.

To the printed inquiries respecting our schools, it is not in my power to give an answer. Age, debility, an ancient dislocated, and stiffened writst, render writing so slow and painful, that I am obliged to decline every thing possible requiring writing. An act of our legislatutre will inform you of our plan of primary shools, and the annual reports show that it is becoming completely abortive, and must be abandoned very shortly, after costing us to this day one hundred and eighty thousand dollars, and yet to cost us forty-five thousand dollars a year more until it shall be discontinued; and if a single boy has received the elements of common education, it must be in some part of the country not known to me. Experience has but too fully confirmed the early predictions of its fate. But on this sbject I must refer you to others more able than I am to go into the necessary details; and I conclude with the assurances of my great esteem and respect.

Th: Jefferson.

[1] Apparently, Jefferson was referring to the shift in politics from Federalism, which was centralized and which was centered around the powerful personalities of Washington and Adams. Jefferson’s election to the presidency in 1801 was not just about Jefferson becoming President. Rather, Jefferson represented republicanism. He represented a focus on limited government and centralizing the government in the body of the public instead of a single powerful personality.
See: http://www.webroots.org/library/usahist/fotu0003.html
and: http://www.webroots.org/library/usahist/fotu0004.html

[2] The Supreme Court judges are appointed for life, and no means is given in the Constitution to remove them.

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