John Marshall
John Marshall
John Marshallwas the fourth Chief Justice of the Supreme Court of the United States. His court opinions helped lay the basis for United States constitutional law and many say made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches. Previously, Marshall had been a leader of the Federalist Party in Virginia and served in the United States House of Representatives from 1799 to 1800. He was Secretary of State under...
NationalityAmerican
ProfessionJudge
Date of Birth24 September 1755
CountryUnited States of America
The government of the Union, then, ... is, emphatically, and truly, a government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.
This government is acknowledged by all, to be one of enumerated powers.
A legislative act contrary to the Constitution is not law.
The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It is emphatically the province and duty of the judicial department to say what the law is. This is the very essence of judicial duty.
State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. ... Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c., are component parts of this mass. No direct general power over these objects is granted to Congress, and, consequently, they remain subject to State legislation.
That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness, is the basis, on which the whole American fabric has been erected.... The principles, therefore, so established, are deemed fundamental. And as the authority, from which they proceed, is supreme ... they are designed to be permanent.... The powers of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten, the constitution is written.
The French Revolution will be found to have had great influence on the strength of parties, and on the subsequent political transactions of the United States.
Seldom has a battle, in which greater numbers were not engaged, been so important in its consequences as that of Cowpens.
The most lively fancy aided by the strongest description cannot equal the reality of the opera.
A constitution is framed for ages to come, and is designed to approach immortality as nearly as human institutions can approach it.
It is the peculiar province of the legislature to prescribe general rules for the government of society; the application of those rules to individuals in society would seem to be the duty of other departments.
Have no power, by taxation or otherwise, to retard, impede, burden or in any manner control the operations of the constitutional laws enacted by Congress.
The institution of Masonry ought to be abandoned as one capable of much evil, and incapable of producing any good which might not be affected by safe and open means.
No one imagines that a law professing to tax will be permitted to destroy.