John Marshall Quotes

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All quotes by John Marshall: Constitution Democracy Duty Judging Taxes more...
  • 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.

    Law  
    Fletcher v. Peck, 10 U.S. (6 Cranch) 87, 128, 1810.
  • A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law.

    Law  
    John Marshall (1839). “The Writings of John Marshall: Late Chief Justice of the United States, Upon the Federal Constitution”, p.197
  • 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.

    Health   Law   Quarantine  
    John Marshall, Joseph Potter Cotton (2000). “The Constitutional Decisions of John Marshall”, The Lawbook Exchange, Ltd.
  • 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.

    Gerald Gunther, John Marshall (1969). “John Marshall's Defense of McCulloch V. Maryland”, p.26, Stanford University Press
  • The law does not expect a man to be prepared to defend every act of his life which may be suddenly and without notice alleged against him.

    Law  
    John Marshall, Joseph Potter Cotton (2000). “The Constitutional Decisions of John Marshall”, p.142, The Lawbook Exchange, Ltd.
  • What is it that makes us trust our judges? Their independence in office and manner of appointment.

    John Marshall (2005). “The Political and Economic Doctrines of John Marshall”, p.267, The Lawbook Exchange, Ltd.
  • The peculiar circumstances of the moment may render a measure more or less wise, but cannot render it more or less constitutional.

    John Marshall (1974). “The Papers of John Marshall: Correspondence, papers, and selected judicial opinions, March 1814-December 1819”, The University of North Carolina Press
  • The federal government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it . . . is now universally admitted.

    John Marshall (1839). “The Writings of John Marshall: Late Chief Justice of the United States, Upon the Federal Constitution”, p.164
  • A legislative act contrary to the Constitution is not law.

    Law  
    John Marshall (2005). “The Political and Economic Doctrines of John Marshall”, p.337, The Lawbook Exchange, Ltd.
  • An unlimited power to tax involves, necessarily, a power to destroy; because there is a limit beyond which no institution and no property can bear taxation.

    Law  
  • To listen well is as powerful a means of communication and influence as to talk well

  • The acme of judicial distinction means the ability to look a lawyer straight in the eyes for two hours and not hear a damned word he says.

    Quoted in Albert J. Beveridge, Life of John Marshall (1919)
  • The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.

    Law  
    John Marshall (1839). “The Writings of John Marshall: Late Chief Justice of the United States, Upon the Federal Constitution”, p.11
  • Between a balanced republic and a democracy, the difference is like that between order and chaos.

    John Marshall (1836). “The life of George Washington: commander in chief of the American forces, during the war which established the independence of his country, and first president of the United States”, p.447
  • 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.

    Law  
    John Marshall (2005). “The Political and Economic Doctrines of John Marshall”, p.340, The Lawbook Exchange, Ltd.
  • The people made the Constitution, and the people can unmake it. It is the creature of their own will, and lives only by their will.

    John Marshall, Joseph Potter Cotton (2000). “The Constitutional Decisions of John Marshall”, p.417, The Lawbook Exchange, Ltd.
  • This government is acknowledged by all, to be one of enumerated powers.

    John Marshall (1839). “The Writings of John Marshall: Late Chief Justice of the United States, Upon the Federal Constitution”, p.164
  • In a free government almost all other rights would become worthless if the government possessed power over the private fortune of every citizen.

  • 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.

    John Marshall, Joseph Potter Cotton (2000). “The Constitutional Decisions of John Marshall”, p.245, The Lawbook Exchange, Ltd.
  • A constitution is framed for ages to come, and is designed to approach immortality as nearly as human institutions can approach it.

    John Marshall, Joseph Potter Cotton (2000). “The Constitutional Decisions of John Marshall”, p.415, The Lawbook Exchange, Ltd.
  • I have always believed that national character... depends more on the female part of society than is generally imagined. Precepts from the lips of a beloved mother... sink deep in the heart, and make an impression which is seldom entirely effaced.

    John Marshall (2000). “The Papers of John Marshall: Correspondence, papers, and selected judicial opinions, January 1824-March 1827”
  • I fear we may live to see another revolution.

    John Marshall (2005). “The Political and Economic Doctrines of John Marshall”, p.90, The Lawbook Exchange, Ltd.
  • No principle of general law is more universally acknowledged, than the perfect equality of nations. Russia and Geneva have equal rights. It results from this equality, that no one can rightfully impose a rule on another....As no nation can prescribe a rule for others, none can make a law of nations.

    Law  
  • 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.

    John Marshall (1845). “The Life of George Washington: Commander in Chief of the American Forces, During the War which Established the Independence of His Country, and First President of the United States. Comp. Under the Inspection of the Honourable Bushrod Washington, from Original Papers Bequeathed to Him by His Deceased Relative”, p.252
  • 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.

    Law  
    Marbury v. Madison (1803)
  • The power to tax is the power to destroy.

    John Marshall, Joseph Potter Cotton (2000). “The Constitutional Decisions of John Marshall”, p.338, The Lawbook Exchange, Ltd.
  • 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.

    Law  
    Gerald Gunther, John Marshall (1969). “John Marshall's Defense of McCulloch V. Maryland”, p.50, Stanford University Press
  • No one imagines that a law professing to tax will be permitted to destroy.

    Law  
  • When a law is in its nature a contract, when absolute rights have vested under that contract, a repeal of the law cannot divest those rights.

    Law  
    John Marshall (1974). “The Papers of John Marshall: Correspondence, papers, and selected judicial opinions, April 1807-December 1813”, Chapel Hill, N.C : University of North Carolina Press
  • It is emphatically the province and duty of the judicial department to say what the law is...If two laws conflict with each other, the courts must decide on the operation of each...This is of the very essence of judicial duty.

    Law  
    Marbury v. Madison, 5 U.S. (1 Cranch) 137, 178, 1803.
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John Marshall quotes about: Constitution Democracy Duty Judging Taxes

John Marshall

  • Born: September 24, 1755
  • Died: July 6, 1835
  • Occupation: Former Chief Justice of the United States