Jefferson anticipated the danger
Jefferson on the danger of the judiciary
Letter to Charles Hammond, August 18, 1821: "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."
Letter to Thomas Ritchie, Dec. 25, 1820: "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. This will lay all things at their feet, and they are too well versed in English law to forget the maxim, 'boni judicis est ampliare jurisdictionem.'"