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Topic·Legal theory✕clear
Essay · Political literature

A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.

Alexander Hamilton
Federalist 78 · 1788
★ 3.7
Essay · Newspaper · Political literature

The relative freedom which we enjoy depends of public opinion. The law is no protection. Governments make laws, but whether they are carried out, and how the police behave, depends on the general temper in the country. If large numbers of people are interested in freedom of speech, there will be freedom of speech, even if the law forbids it; if public opinion is sluggish, inconvenient minorities will be persecuted, even if laws exist to protect them.

★ 3.6
Courtroom speech · Speech · Philosophical literature

An advocate, by the sacred duty which he owes his client, knows, in the discharge of that office, but one person in the world, that client and none other. To save that client... Is the highest and most unquestioned of his duties; And he must not regard the alarm, the suffering, the torment, the destruction which he may bring upon any other. Nay... He must go on reckless of the consequences, if his fate, it should unhappily be, to involve his country in confusion for his client's protection.

★ 3.5