A Quote by John Marshall
The particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
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Certainly 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.
The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
I often wonder whether we do not rest our hopes too much upon constitutions, upon law and upon courts. These are false hopes, believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no courts to save it.
As the Legislative, Executive, and Judicial departments of the United States are co-ordinate, and each equally bound to support the Constitution, it follows that each must in the exercise of its functions be guided by the text of the Constitution according to its own interpretation of it.
The Constitution is not a law, but it empowers the people to make laws... The Constitution tells us what shall not be a lawful tender... The legislature has ceded up to us the privilege of enacting such laws as are not inconsistent with the Constitution of the United States... The different states, and even Congress itself, have passed many laws diametrically contrary to the Constitution of the United States.
[T]he bill exceeds the rightful authority to which governments are limited by the essential distinction between civil and religious functions, and violates in particular the article of the Constitution of the United States which declares that Congress shall make no law respecting a religious establishment.... This particular church, therefore, would so far be a religious establishment by law, a legal force and sanction being given to certain articles in its constitution and administration.
The sovereignty of the States is the language of the Confederacy and not the language of the Constitution. The latter contains the emphatic words. This Constitution and the laws of the United States which shall be made in pursuance thereof and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding
The commitment to international agreements is embodied, it's found in the U.S. Constitution. Article Six of the U.S. Constitution provides that treaties of the United States are part of the supreme law of the land along with the constitution itself and laws passed by Congress. Well, the US government certainly has not been acting in recent years as if treaties were part of the supreme law of the land.
[An] act of the Congress of the United States... which assumes powers... not delegated by the Constitution, is not law, but is altogether void and of no force.
I feel that I'm sworn to uphold the Constitution of the United States and the Constitution of Alabama, and those constitutions are founded upon a fundamental belief in God ... my display of the Ten Commandments and prayer before sessions are simply acknowledgments of God.
Whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which out seldom, if ever, to be decided in the affirmative, in doubtful case. ... But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
A 'living constitution' is a dead constitution, because it does not do the one and only thing a written constitution is supposed to do: provide parameters around the power of officials.
No one familiar with the common law of England can read the Constitution of the United States without observing the great desire of the Convention which framed that instrument to make it conform as far as possible with that law.
Patriotism and loyalty in defense of the Constitution of the United States is constantly enjoined upon us. President McKay again this morning has made reference to the cause of liberty in his remarks. To be effective in such teaching, we must begin by inspiring in each heart the faith that the Constitution of the United States was written by inspired men whom God raised up for that very purpose.
I have to uphold not only the constitution of Alabama, but I swore to uphold the Constitution of the United States, and we will uphold the law of the United States.
But you answer, that the Constitution recognizes property in slaves. It would be sufficient, then, to reply, that this constitutional recognition must be void, because it is repugnant to the law of nature and of nations.
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