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The government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers.
-Thomas Jefferson
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The Government Created By This Compact Was

Thomas Jefferson
The government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers.
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Government Judging Finals

More From Thomas Jefferson

A constitution is not the act of a government, but of a people constituting a government; and government without a constitution is power without a right. all power exercised over a nation, must have some beginning. it must be either delegated, or assumed. there are not other sources. all delegated power is trust, and all assumed power is usurpation. time does not alter the nature and quality of either.
Trust Government People
I consider the government of the united states as interdicted by the constitution from intermeddling with religious institutions, their doctrines, discipline, or exercises. this results not only from the provision that no law shall be made respecting the establishment or free exercise of religion, but from that also which reserves to the states the powers not delegated to the united states. certainly, no power to prescribe any religious exercise or to assume authority in any religious discipline has been delegated to the general government. it must then rest with the states.
Religious Exercise Government
Though this motion for a new trial is an application to the discretion of the court, it must be remembered that the discretion to be exercised on such an occasion is not a wild but a sound discretion, and to be confined within those limits within which an honest man, competent to discharge the duties of his office, ought to confine himself. and that discretion will be best exercised by not deviating from the rules laid down by our predecessors; for the practice of the court forms the law of the court.
Men Law Practice
Courts are the mere instruments of the law, and can will nothing. when they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the court to follow it. judicial power is never exericised for the purpose of giving effect to the will of the judge; always for the purpose of giving effect to the will of the legislature; or, in other words, to the will of the law.
Exercise Law Judging
I consider the foundation of the constitution as laid on this ground that 'all powers not delegated to the united states, by the constitution, nor prohibited by it to the states, are reserved to the states or to the people.' to take a single step beyond the boundaries thus specially drawn around the powers of congress, is to take possession of a boundless field of power not longer susceptible of any definition.
Government People Fields
There is one view of the subject which ought to have its influence on those who espouse doctrines which strike at the authoritative origin and efficacious operation of the government of the united states. the government of the u.s. like all governments free in their principles, rests on compact; a compact, not between the government & the parties who formed & live under it; but among the parties themselves, and the strongest of governments are those in which the compacts were most fairly formed and most faithfully executed.
Party Government Views
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