Thomas Jefferson, for example, pardoned individuals convicted under the Sedition Act because he believed that act to be unconstitutional notwithstanding contrary pronouncements by the courts, and Abraham Lincoln urged Congress to reenact the Missouri Compromise although it had been struck down as unconstitutional by the Court in Dred Scott. And Andrew Jackson vetoed the Second Bank of the United States, even though it had been approved by the Court.
“If the opinion of the Supreme Court covered the whole ground of this act,” Jackson wrote, “it ought not to control the coordinate authorities of this Government. The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others.”
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