Andrew Jackson and Abraham Lincoln on Ultimate Sovereignty in Interpreting the Constitution

Andrew Jackson, in his Veto Message, explains his reasons for refusing to renew the charter of the Second Bank of the United States; he further delves into more fundamental issues of understanding the U. S. Constitution. Jackson essentially agrees with Thomas Jefferson's position on constitutional interpretation and states that "the Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution."

According to Jackson, every public officer swears an oath to support the Constitution, as he understands it, not as it is understood by others. This duty applies to Congress and the President when bills are brought before them for approval-and it applies to the courts when they decide on the cases brought before them. No branch's opinion should have binding authority over the decisions of the other branches in their respective spheres; rather, the opinions of other branches should have "only such influence as the force of their reasoning may deserve."

Furthermore, Jackson believes that "mere precedent is a dangerous source of authority," since various precedents might conflict-and precedent alone should not be a reason for deciding on the constitutionality of an act except in cases where "the acquiescence of the people and the States can be considered as well settled."

Abraham Lincoln, in his speech on the Dred Scott decision, does consider the judicial authority on Constitutional questions to be ultimate, when those questions are fully settled. Once the questions are settled, the judicial decisions "should control, not only the particular cases decided, but the general policy of the country," subject only to the amendment process.