John Marshall: Life, Character and Judicial Services as Portrayed in the Centenary and Memorial Addresses and Proceedings Throughout the United States on Marshall Day, 1901, and in the Classic Orations of Binney, Story, Phelps, Waite and Rawle, Volume 2John Forrest Dillon Callaghan, 1903 |
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Page 15
... legislative acts as unconstitutional and void had not then found lodgment in the public mind . The fact that the Supreme Court was to interpret the provisions of the Constitution , and its decision was to be final , was a new departure ...
... legislative acts as unconstitutional and void had not then found lodgment in the public mind . The fact that the Supreme Court was to interpret the provisions of the Constitution , and its decision was to be final , was a new departure ...
Page 23
... legislative , and must be capable of deciding every judicial question which grows out of the Constitution and laws . If any proposi- tion may be considered as a political axiom , this , we think , may be so considered . In reasoning ...
... legislative , and must be capable of deciding every judicial question which grows out of the Constitution and laws . If any proposi- tion may be considered as a political axiom , this , we think , may be so considered . In reasoning ...
Page 24
... legislative , merely because it is fit that it should be so ; but we mean to say that this fitness furnishes an argument in constru- ing the Constitution which ought never to be overlooked , and which is most especially entitled to ...
... legislative , merely because it is fit that it should be so ; but we mean to say that this fitness furnishes an argument in constru- ing the Constitution which ought never to be overlooked , and which is most especially entitled to ...
Page 36
... legislative opinion on this subject . It is in these words : ' I do solemnly swear that I will administer justice without respect to persons , and do equal right to the poor and to the rich ; and that I will 21 Cranch , 180 . 1 Eulogy ...
... legislative opinion on this subject . It is in these words : ' I do solemnly swear that I will administer justice without respect to persons , and do equal right to the poor and to the rich ; and that I will 21 Cranch , 180 . 1 Eulogy ...
Page 52
... legislative power , which are endurable in State Constitutions with their facility of amendment , might easily have wrecked the Federal Constitution , which can only be amended by consent of three - fourths of the States . Indeed , if ...
... legislative power , which are endurable in State Constitutions with their facility of amendment , might easily have wrecked the Federal Constitution , which can only be amended by consent of three - fourths of the States . Indeed , if ...
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Popular passages
Page 507 - State, having its own government, and endowed with all the functions essential to separate and independent existence," and that "without the States in union, there could be no such political body as the United States." Not only, therefore, can there be no loss of separate and independent autonomy to the States, through their union under the Constitution, but it may be not unreasonably said that the preservation of the States, and the maintenance of their governments, are as much within the design...
Page 363 - ... peace, commerce, and honest friendship with all nations, entangling alliances with none: the support of the State governments in all their rights, as the most competent administrations for our domestic concerns, and the surest bulwarks against anti-republican tendencies: the preservation of the general government in its whole constitutional vigor, as the sheet anchor of our peace at home, and safety abroad...
Page 348 - If, then, the courts are to regard the Constitution— and the Constitution is superior to any ordinary act of the legislature — the Constitution, and not such ordinary act, must govern the case to which they both apply.
Page 463 - That the Government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself...
Page 249 - The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?
Page 375 - The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter ! — all his forces dare not cross the threshold of the ruined tenement...
Page 294 - Rome, in the height of her glory, is not to be compared ; a power which has dotted over the surface of the whole globe with her possessions and military posts, whose morning drum-beat, following the sun, and keeping company with the hours, circles the earth with one continuous and unbroken strain of the martial airs of England.
Page 459 - I hold that, in contemplation of universal law and of the Constitution, the Union of these States is perpetual. Perpetuity is implied if not expressed, in the fundamental law of all national governments. It is safe to assert that no government proper ever had a provision in its organic law for its own termination.
Page 459 - I therefore consider that in view of the Constitution and the laws the Union is unbroken, and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States.
Page 521 - I have always thought, from my earliest youth till now, that the greatest scourge an angry Heaven ever inflicted upon an ungrateful and a sinning people was an ignorant, a corrupt, or a dependent judiciary.