In re Hooker

CHANDLER, Justice,

specially concurring:

[T]he [judicial] opinion which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislative and executive also in their spheres, would make the judiciary a despotic branch.

8 Thomas Jefferson, The Writings of Thomas Jefferson 310 (1897).

¶ 72. As Thomas Jefferson understood, each of the three branches of government is entrusted to decide what laws are constitutional for itself in its own respective sphere of action. This means that each branch is charged…