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Constitutional theory23 quotes
The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. — Robert H. Jackson · 1943It is emphatically the province and duty of the Judicial Department to say what the law is... If two laws conflict with each other, the Courts must decide on the operation of each... This is of the very essence of judicial duty. — John Marshall · 1803Every project has been found to be no better than committing the lamb to the custody of the wolf, except that one which is called a balance of power. — John Adams · 1789There is no doubt that, if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final. — Robert H. Jackson · 1953We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans. We look into the history of the time of framing and to the intervening history of interpretation. But, the ultimate question must be, what do the words of the text mean in our time. For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but it's in the adaptability of its great principles to cope with current problems and current needs. — William J. Brennan, Jr. · 1985Certainly all those who have framed written Constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be that an act of the Legislature repugnant to the Constitution is void. — John Marshall · 1803All 23 quotes →US Constitution6 quotes
We current Justices read the Constitution in the only way that we can: as Twentieth Century Americans. We look into the history of the time of framing and to the intervening history of interpretation. But, the ultimate question must be, what do the words of the text mean in our time. For the genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but it's in the adaptability of its great principles to cope with current problems and current needs. — William J. Brennan, Jr. · 1985Our Constitution is so simple, so practical that it is possible always to meet extraordinary needs by changes in emphasis and arrangement without loss of essential form. — Franklin D. Roosevelt · 1933One great object of the Constitution was to restrain majorities from oppressing minorities or encroaching upon their just rights. Minorities have a right to appeal to the Constitution as a shield against such oppression. — James K. Polk · 1845I consider the veto power, therefore given by the Constitution to the Executive of the United States solely as a conservative power, to be used only first, to protect the Constitution from violation; secondly, the people from the effects of hasty legislation where their will has been probably disregarded or not well understood, and, thirdly, to prevent the effects of combinations violative of the rights of minorities. — William Henry Harrison · 1841The Constitution of the United States was made not merely for the generation that then existed, but for posterity-unlimited, undefined, endless, perpetual posterity. — Henry Clay · 1850The Federal Constitution is a grant from the States to Congress of certain specific powers, and the question whether this grant should be liberally or strictly construed has more or less divided political parties from the beginning. — James Buchanan · 1857American politics4 quotes
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. — James Madison · 1788Our Constitution is so simple, so practical that it is possible always to meet extraordinary needs by changes in emphasis and arrangement without loss of essential form. — Franklin D. Roosevelt · 1933It is my belief that there are "absolutes" in our Bill of Rights, and that they were put there on purpose by men who knew what words meant, and meant their prohibitions to be "absolutes." — Hugo Black · 1960The Federal Constitution is a grant from the States to Congress of certain specific powers, and the question whether this grant should be liberally or strictly construed has more or less divided political parties from the beginning. — James Buchanan · 1857Bill of Rights3 quotes
The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections. — Robert H. Jackson · 1943It is my belief that there are "absolutes" in our Bill of Rights, and that they were put there on purpose by men who knew what words meant, and meant their prohibitions to be "absolutes." — Hugo Black · 1960Bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford a colorable pretext to claim more than were granted. — Alexander Hamilton · 1788Judicial supremacy3 quotes
It is emphatically the province and duty of the Judicial Department to say what the law is... If two laws conflict with each other, the Courts must decide on the operation of each... This is of the very essence of judicial duty. — John Marshall · 1803There is no doubt that, if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final. — Robert H. Jackson · 1953Within these limits, the power vested in American courts of justice, of pronouncing a statute to be unconstitutional, forms one of the most powerful barriers that has ever been devised against the tyranny of political assemblies. — Alexis de Tocqueville · 1835Separation of powers3 quotes
It is emphatically the province and duty of the Judicial Department to say what the law is... If two laws conflict with each other, the Courts must decide on the operation of each... This is of the very essence of judicial duty. — John Marshall · 1803The principles of a free constitution are irrecoverably lost, when the legislative power is nominated by the executive. — Edward Gibbon · 1776Though the President is Commander-in-chief, Congress is his commander; and, God willing, he shall obey. He and his minions shall learn that this is not a Government of kings and satraps, but a Government of the people, and that Congress is the people. — Thaddeus Stevens · 1867Legal theory2 quotes
It is emphatically the province and duty of the Judicial Department to say what the law is... If two laws conflict with each other, the Courts must decide on the operation of each... This is of the very essence of judicial duty. — John Marshall · 1803One great object of the Constitution was to restrain majorities from oppressing minorities or encroaching upon their just rights. Minorities have a right to appeal to the Constitution as a shield against such oppression. — James K. Polk · 1845Political theory2 quotes
Every project has been found to be no better than committing the lamb to the custody of the wolf, except that one which is called a balance of power. — John Adams · 1789In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. — James Madison · 1788Politics2 quotes
In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. — James Madison · 1788We must bear in mind that we are not to confine our view to the present period, but to look forward to remote futurity. Constitutions of civil government are not to be framed upon a calculation of existing exigencies, but upon a combination of these with the probable exigencies of ages, according to the natural and tried course of human affairs. — Alexander Hamilton · 1788Checks and balances1 quote
In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. — James Madison · 1788Federalism1 quote
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. — James Madison · 1788First Amendment1 quote
Our liberty depends on freedom of the press, and that cannot be limited without being lost. — Thomas Jefferson · 1786Freedom of the press1 quote
Our liberty depends on freedom of the press, and that cannot be limited without being lost. — Thomas Jefferson · 1786Minority rights1 quote
One great object of the Constitution was to restrain majorities from oppressing minorities or encroaching upon their just rights. Minorities have a right to appeal to the Constitution as a shield against such oppression. — James K. Polk · 1845Stare decisis1 quote
What has once been settled by a precedent will not be unsettled over night, for certainty and uniformity are gains not lightly to be sacrificed. — Benjamin Cardozo · 1928Veto1 quote
I consider the veto power, therefore given by the Constitution to the Executive of the United States solely as a conservative power, to be used only first, to protect the Constitution from violation; secondly, the people from the effects of hasty legislation where their will has been probably disregarded or not well understood, and, thirdly, to prevent the effects of combinations violative of the rights of minorities. — William Henry Harrison · 1841