A Quote by Thomas Paine
A constitution, therefore, is to a government what the laws made afterwards by that government are to a court of judicature. The court of judicature does not make the laws, neither can it alter them; it only acts in conformity to the laws made: and the government is in like manner governed by the constitution.
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The goodness or badness, justice or injustice, of laws varies of necessity with the constitution of states. This, however, is clear, that the laws must be adapted to the constitutions. But if so, true forms of government will of necessity have just laws, and perverted forms of government will have unjust laws.
We want a Supreme Court which will do justice under the Constitution - not over it. In our courts we want a government of laws and not of men.
The laws are, and ought to be, relative to the constitution, and not the constitution to the laws. A constitution is the organization of offices in a state, and determines what is to be the governing body, and what is the end of each community. But laws are not to be confounded with the principles of the constitution; they are the rules according to which the magistrates should administer the state, and proceed against offenders.
More importantly, the Court forgets that ours is a government of laws and not of men. That means we are governed by the terms of our laws, not by the unenacted will of our lawmakers. 'If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent.' In the meantime, this Court 'has no roving license ... to disregard clear language simply on the view that ... Congress 'must have intended' something broader.
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.
Of the judicial department of the Government, the Supreme Court is the head and representative, and to it must come for final decision all the great legal questions which may arise under the Constitution, the laws, or the treaties of the United States.
It [the Constitution] didn't break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as it's been interpreted, and the Warren court interpreted it in the same way that generally the Constitution is a charter of negative liberties. It says what the states can't do to you, it says what the federal government can't do to you, but it doesn't say what the federal government or the state government must do on your behalf. And that hasn't shifted.
If Aristotle, Livy, and Harrington knew what a republic was, the British constitution is much more like a republic than an empire. They define a republic to be a government of laws, and not of men. If this definition is just, the British constitution is nothing more or less than a republic, in which the king is first magistrate. This office being hereditary, and being possessed of such ample and splendid prerogatives, is no objection to the government's being a republic, as long as it is bound by fixed laws, which the people have a voice in making, and a right to defend.
In the Laws it is maintained that the best constitution is made up of democracy and tyranny, which are either not constitutions at all, or are the worst of all. But they are nearer the truth who combine many forms; for the constitution is better which is made up of more numerous elements. The constitution proposed in the Laws has no element of monarchy at all; it is nothing but oligarchy and democracy, leaning rather to oligarchy.
The court's injected itself in the definition of marriage, deciding whether or not human life is worth protecting, permitting government to transfer private property from one person to another, even interpreting the Constitution on the basis of foreign and international laws.
The laws of Nature, that is to say the laws of God, plainly made every human being a law unto himself, we must steadfastly refuse to obey those laws, and we must as steadfastly stand by the conventions which ignore them, since the statutes furnish us peace, fairly good government, and stability, and therefore are better for us than the laws of God, which would soon plunge us into confusion and disorder and anarchy if we should adopt them.
As good government is an empire of laws, how shall your laws be made? In a large society, inhabiting an extensive country, it is impossible that the whole should assemble to make laws. The first necessary step, then, is to depute power from the many to a few of the most wise and good.
To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defense, or by partial orders of towns, counties or districts of a state, is to demolish every constitution, and lay the laws prostrate, so that liberty can be enjoyed by no man; it is a dissolution of the government. The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws.
It is all the more necessary under a system of free government that the people should be enlightened, that they should be correctly informed, than it is under an absolute government that they should be ignorant. Under a republic the institutions of learning, while bound by the constitution and laws, are in no way subservient to the government.
I want judges on the Supreme Court who will respect the words and the meaning of the Constitution, the laws enacted by Congress and the laws enacted by state legislatures.
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
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