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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

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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
Must
Decide
Province
Court
Judiciary
Laws
Provinces
Essence
Courts
Conflict
Judicial
Duty
Operation
Law
Operations
Two
Department
Emphatically

More quotes by John Marshall

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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
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No one imagines that a law professing to tax will be permitted to destroy.
John Marshall
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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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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
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The most lively fancy aided by the strongest description cannot equal the reality of the opera.
John Marshall
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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.
John Marshall
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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
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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.
John Marshall
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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
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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.
John Marshall
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This government is acknowledged by all, to be one of enumerated powers.
John Marshall
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What are the maxims of Democracy? A strict observance of justice and public faith, and a steady adherence to virtue.
John Marshall
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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.
John Marshall
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The power to tax involves the power to destroy...the power to destroy may defeat and render useless the power to create.
John Marshall
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Between a balanced republic and a democracy, the difference is like that between order and chaos.
John Marshall
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I fear we may live to see another revolution.
John Marshall
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A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law.
John Marshall
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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
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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.
John Marshall
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Seldom has a battle, in which greater numbers were not engaged, been so important in its consequences as that of Cowpens.
John Marshall