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

More quotes by 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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Between a balanced republic and a democracy, the difference is like that between order and chaos.
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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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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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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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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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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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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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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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
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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.
John Marshall
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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
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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 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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No one imagines that a law professing to tax will be permitted to destroy.
John Marshall
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My gift of John Marshall to the people of the United States was the proudest act of my life. There is no act of my life on which I reflect with more pleasure. I have given to my country a judge equal to a Hole, Holt, or a Mansfield.
John Marshall
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This government is acknowledged by all, to be one of enumerated powers.
John Marshall
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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.
John Marshall
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A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law.
John Marshall