A Quote by James Madison
In no part of the Constitution is more wisdom to be found than in the clause which confides the question of war or peace to the legislature, and not the executive department. ... The trust and the temptation would be too great for any one man.
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The Constitution supposes what the history of all governments demonstrates, that the executive is the branch of power most interested in war and most prone to it. It has accordingly with studied care, vested the question of war in the legislature. [If a president is successful in bypassing the Congress] it is evident that the people are cheated out of the best ingredients in the government, the safeguards of peace which is the greatest of their blessings.
In this distribution of powers the wisdom of our constitution is manifested. It is the province and duty of the Executive to preserve to the Nation the blessings of peace. The Legislature alone can interrupt those blessings, by placing the Nation in a state of War.
The Legislature, which was elected under the Constitution framed and supported by colored men, declared that a man having more than an eighth of African blood in his veins was ineligible to office or a seat in the Legislature of the State of Georgia.
The power of declaring war being with the Legislature, the Executive should do nothing necessarily committing them to decide for war in preference of non-intercourse, which will be preferred by a great many.
To refer the power in question to the clause "to provide for the common defense and general welfare" would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follow the clause nugatory and improper. Such a view of the Constitution would have the effect of giving to Congress a general power of legislation instead of the defined and limited one hitherto understood to belong to them, the terms "common defense and general welfare" embracing every object and act within the purview of a legislative trust.
The President is to be commander-in-chief of the army and navy of the United States. In this respect his authority would be nominally the same with that of the king of Great Britain, but in substance much inferior to it. It would amount to nothing more than the supreme command and direction of the land and naval forces, as first general and admiral ... while that of the British king extends to the declaring of war and to the raising and regulating of fleets and armies - all which, by the Constitution under consideration, would appertain to the legislature.
I don't think there's any way that war can have a place in peace. I think that peace is the active and difficult resistance to the temptation of war; it is the prerogative and the obligation of the injured. Peace is something that has to be vigilantly maintained; it is a vigilance, and it involves temptation, and it does not mean we as human beings are not aggressive. This is a mistaken way of understanding non-violence.
What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them . . . the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.
I came here as a practical man, to talk, not simply on the question of peace and war, but to treat another question which is of hardly less importance - the enormous and burdensome standing armaments which it is the practice of modern Governments to sustain in time of peace.
I assure you, Ladies and Gentlemen, that we shall discover ourselves in peace more than we have with war and confrontation, as I am sure that the Israelis, in turn shall find themselves in peace more than they have found it in war.
To me the question of the environment is more ominous than that of peace and war...I'm more worried about global warming than I am of any major military conflict.
The Establishment Clause stands as an expression of principle on the part of the Founders of our Constitution that religion is too personal, too sacred, too holy, to permit its 'unhallowed perversion' by a civil magistrate.
There never was a good war," said Franklin. "There have indeed been many wars in which a good man must take part, and take part with grave gladness to die if need be, a willing sacrifice, thankful to give life for what is dearer than life, and happy that even by death in war he is serving the cause of peace. But if a war be undertaken for the most righteous end, before the resources of peace have been tried and proved vain to secure it, that war has no defense, it is a national crime.
Great part of that order which reigns among mankind is not the effect of government. It has its origin in the principles of society and the natural constitution of man. It existed prior to government, and would exist if the formality of government was abolished. The mutual dependence and reciprocal interest which man has upon man, and all the parts of civilised community upon each other, create that great chain of connection which holds it together.
A judge's role is to ensure that the legislature remains within the limits of its assigned authority under the Constitution. Judges have no authority to second-guess the wisdom of the value judgments and policy choices the legislature has made.
The question whether the judges are invested with exclusive authority to decide on the constitutionality of a law has been heretofore a subject of consideration with me in the exercise of official duties. Certainly there is not a word in the Constitution which has given that power to them more than to the Executive or Legislative branches.
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