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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
Law
Bear
Taxation
Power
Institutions
Patriot
Property
Institution
Bears
Unlimited
Taxes
Involves
Constitution
Limit
Limits
Destroy
Beyond
Necessarily
More quotes by John Marshall
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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Between a balanced republic and a democracy, the difference is like that between order and chaos.
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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.
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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.
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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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The most lively fancy aided by the strongest description cannot equal the reality of the opera.
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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.
John Marshall
This government is acknowledged by all, to be one of enumerated powers.
John Marshall
The power to tax involves the power to destroy...the power to destroy may defeat and render useless the power to create.
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.
John Marshall
What are the maxims of Democracy? A strict observance of justice and public faith, and a steady adherence to virtue.
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A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law.
John Marshall
The power to tax is the power to destroy.
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.
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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.
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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.
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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
No one imagines that a law professing to tax will be permitted to destroy.
John Marshall
I fear we may live to see another revolution.
John Marshall
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
