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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
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John Marshall
Age: 79 †
Born: 1755
Born: September 24
Died: 1835
Died: July 6
Diplomat
Former Chief Justice Of The United States
Judge
Jurist
Lawyer
Politician
Slaveholder
Power
Institutions
Patriot
Property
Institution
Bears
Unlimited
Taxes
Involves
Constitution
Limit
Limits
Destroy
Beyond
Necessarily
Law
Bear
Taxation
More quotes by John Marshall
No one imagines that a law professing to tax will be permitted to destroy.
John Marshall
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.
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The peculiar circumstances of the moment may render a measure more or less wise, but cannot render it more or less constitutional.
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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
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.
John Marshall
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
This government is acknowledged by all, to be one of enumerated powers.
John Marshall
Seldom has a battle, in which greater numbers were not engaged, been so important in its consequences as that of Cowpens.
John Marshall
Between a balanced republic and a democracy, the difference is like that between order and chaos.
John Marshall
I fear we may live to see another revolution.
John Marshall
The most lively fancy aided by the strongest description cannot equal the reality of the opera.
John Marshall
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
The power to tax is the power to destroy.
John Marshall
In a free government almost all other rights would become worthless if the government possessed power over the private fortune of every citizen.
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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.
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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.
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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
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
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
No political dreamer was ever wild enough to think of breaking down the lines which separate the States and compounding the American people into one common mass.
John Marshall