It is emphatically the province and duty of the Judicial Department to say what the law is. John Marshall More Quotes by John Marshall More Quotes From John Marshall 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 constitution-of-the-united-states democracy people Between a balanced republic and a democracy, the difference is like that between order and chaos. John Marshall democracies-have differences order To listen well is as powerful a means of communication and influence as to talk well John Marshall communication powerful mean The power to tax is the power to destroy. John Marshall libertarian taxation inspirational 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. John Marshall government substance people A legislative act contrary to the Constitution is not law. John Marshall constitution government 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. John Marshall essence law mean A constitution is framed for ages to come, and is designed to approach immortality as nearly as human institutions can approach it. John Marshall framed constitution age 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. John Marshall united-states law men A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. John Marshall corporations business law Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law. John Marshall judging law exercise What are the maxims of Democracy? A strict observance of justice and public faith, and a steady adherence to virtue. John Marshall adherence democracy justice 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. John Marshall essence law two 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. John Marshall law doe men 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. John Marshall taxation limits law To obtain a just compromise, concession must not only mutual-it must be equal also....There can be no hope that either will yield more than it gets in return. John Marshall yield return compromise Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void. John Marshall void government law What is it that makes us trust our judges? Their independence in office and manner of appointment. John Marshall independence office judging 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. John Marshall void principles 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. John Marshall contracts rights law
