Friday, October 22, 2010

The Wisdom Of Mr. Jefferson Remix

They are not to do anything they please to provide for the general welfare, but only to lay taxes for that purpose. To consider the latter phrase not as describing the purpose of the first, but as giving a distinct and independent power to do any act they please which may be good for the Union, would render all the preceding and subsequent enumerations of power completely useless. It would reduce the whole instrument to a single phrase, that of instituting a Congress with power to do whatever would be for the good of the United States; and as they sole judges of the good or evil, it would be also a power to do whatever evil they please...Certainly no such universal power was meant to be given them. It was intended to lace them up straightly within the enumerated powers and those without which, as means, these powers could not be carried into effect.

Thomas Jefferson, Opinion on National Bank, 1791

The great object of my fear is the federal judiciary. That body, like gravity, ever acting, with noiseless foot, and unalarming advance, gaining ground step by step, and holding what it gains, is engulfing insidiously the special governments into the jaws of that which feeds them.

Thomas Jefferson, letter to Judge Spencer Roane, Mar 9, 1821

The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone.

Thomas Jefferson, letter to Thomas Ritchie, December 25, 1820

It has long, however, been my opinion, and I have never shrunk from its expression... that the germ of dissolution of our federal government is in the constitution of the federal Judiciary;... working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped.

Thomas Jefferson, letter to Charles Hammond, August 18, 1821

One single object... [will merit] the endless gratitude of the society: that of restraining the judges from usurping legislation.

Thomas Jefferson, letter to Edward Livingston, March 25, 1825

The Constitution... is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please.

Thomas Jefferson, letter to Judge Spencer Roane, September 6, 1819


Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction.

Thomas Jefferson, letter to Wilson Nicholas, September 7, 1803

Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure.

Thomas Jefferson, letter to William Johnson, June 12, 1823

The construction applied...to those parts of the Constitution of the United States which delegate Congress a power...ought not to be construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument.

Thomas Jefferson, Draft Kentucky Resolutions, 1798

The Declaration of Independence... [is the] declaratory charter of our rights, and the rights of man.

Thomas Jefferson, letter to Samuel Adams Wells, May 12, 1821


On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed.

Thomas Jefferson, letter to William Johnson, June 12, 182

It is an established rule of construction, where a phrase will bear either of two meanings to give it that which will allow some meaning to the other parts of the instrument, and not that which will render all the others useless. Certainly no such universal power was meant to be given to them. It was intended to lace them up straightly with in the enumerated powers, and those without which, as means, these powers could not be carried into effect.

Thomas Jefferson, Opinion on a National Bank, February 15, 1791

On every unauthoritative exercise of power by the legislature must the people rise in rebellion or their silence be construed into a surrender of that power to them? If so, how many rebellions should we have had already?

Thomas Jefferson, Notes on the State of Virginia, Query 12, 1782


It is not honorable to take mere legal advantage, when it happens to be contrary to justice.

Thomas Jefferson, Opinion on Debts Due to Soldiers, 1790

Nothing then is unchangeable but the inherent and unalienable rights of man.

Thomas Jefferson, letter to John Cartwright, 1824

It is the duty of every good citizen to use all the opportunities which occur to him, for preserving documents relating to the history of our country.

Thomas Jefferson, letter to Hugh P. Taylor, October 4, 1823

In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.

Thomas Jefferson, fair copy of the drafts of the Kentucky Resolutions of 1798, 1798

For example. If the system be established on basis of Income, and his just proportion on that scale has been already drawn from every one, to step into the field of Consumption, and tax special articles in that, as broadcloth or homespun, wine or whiskey, a coach or a wagon, is doubly taxing the same article. For that portion of Income with which these articles are purchased, having already paid its tax as Income, to pay another tax on the thing it purchased, is paying twice for the same thing; it is an aggrievance on the citizens who use these articles in exoneration of those who do not, contrary to the most sacred of the duties of a government, to do equal and impartial justice to all its citizens. (In other words, since there is now a federal "income" tax, then to Jefferson it was then "double jeapardy" to then tax "consumption" also such as court fees, patent and trademark fees, gasoline taxes, etc., etc., on top of the "income" tax - either one or the other) . The same would hold true in those states with an "income" tax also which are then taxing "consumption" with sales taxes, use taxes, gasoline taxes, etc., etc.

Thomas Jefferson, letter to Joseph Milligan, April 6, 1816

He who is permitted by law to have no property of his own, can with difficulty conceive that property is founded in anything but force.

Thomas Jefferson, January 26, 1788

It is the manners and spirit of a people which preserve a republic in vigor. A degeneracy in these is a canker which soon eats to the heart of its laws and constitution.

Thomas Jefferson, Notes on the State of Virginia Query 19, 1781

It must be observed that our revenues are raised almost wholly on imported goods. (NOT "free" as in "no cost" trade, but "free" as in unregulated as to our ports for commerce between all nations).

Thomas Jefferson, letter to Gouverneur Morris, 1793

Our properties within our own territories [should not] be taxed or regulated by any power on earth but our own. (No world government)

Thomas Jefferson, Rights of British America, 1774

Taxes should be proportioned to what may be annually spared by the individual.

Thomas Jefferson, 1784

The care of human life and happiness, and not their destruction, is the first and only legitimate object of good government.

Thomas Jefferson, letter to The Republican Citizens of Washington County, Maryland, March 31, 1809

The spirit of resistance to government is so valuable on certain occasions, that I wish it to be always kept alive. It will often be exercised when wrong, but better so than not to be exercised at all. I like a little rebellion now and then. It is like a storm in the atmosphere.

Thomas Jefferson, letter to Abigail Adams, February 22, 1787

Would it not be better to simplify the system of taxation rather than to spread it over such a variety of subjects and pass through so many new hands.

Thomas Jefferson, 1784