A Quote by John Marshall
Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.
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I firmly believe that the Constitution is the most powerful challenge to illiberal tendencies. If the Constitution is followed in letter and spirit and if the laws are made in the spirit in which Constitution was made, liberties can indeed be protected.
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.
If an organised body is not in the situation and circumstances best adapted to its sustenance and propagation, then, in conceiving an indefinite variety among the individuals of that species, we must be assured, that, on the one hand, those which depart most from the best adapted constitution, will be most liable to perish, while, on the other hand, those organised bodies, which most approach to the best constitution for the present circumstances, will be best adapted to continue, in preserving themselves and multiplying the individuals of their race.
I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution.
I was a constitutional law professor, which means unlike the current president I actually respect the Constitution.
I consider, then, the power to annul a law of the United States, assumed by one state, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed.
I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution. And if that is not the guide in expounding it, there may be no security.
That provision in the constitution which requires that the president shall be a native-born citizen (unless he were a citizen of the United States when the constitution was adopted,) is a happy means of security against foreign influence, which, where-ever it is capable of being exerted, is to be dreaded more than the plague.
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it ... The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias.
A treaty cannot be made which alters the Constitution of the country, or which infringes and express exceptions to the power of the Constitution.
People ... become so preoccupied with the means by which an end is achieved, as eventually to mistake it for the end. Just as money, which is a means of satisfying wants, comes to be regarded by a miser as the sole thing to be worked for, leaving the wants unsatisfied; so the conduct men have found preferable because most conducive to happiness, has come to be thought of as intrinsically preferable: not only to be made a proximate end (which it should be), but to be made an ultimate end, to the exclusion of the true ultimate end.
Is there a Legislative power in fact, not expressly prohibited by the Constitution, which might not, according to the doctrine of the Court, be exercised as a means of carrying into effect some specified Power?
even the best of constitutions need sometimes to be amended and improved, for after all there is but one constitution which is infallible, but one constitution that ought to be held sacred, and that is the human constitution.
I think frustration unfortunately, reflects a real breakdown in the political parties themselves, which is fascinating because our constitution did not anticipate political parties. They're not even written in the Constitution, there's no guidelines. When we look at the arcane processes of delegate selection in the primaries and caucuses, it's not in the Constitution. This is all created post Constitution. And yet I think we're in the middle of tensions between and within the political parties. They're not functioning that well.
The states have authority to interpret the Constitution, enforce it, and protect the people from violations of it by the federal government In the first place, there is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State.
Of which beauty will you speak? There are many: there are a thousand: there is one for every look, for every spirit, adapted to each taste, to each particular constitution.
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