Quote

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

Change background

T
T
T

Change font

TAGS & TOPICS

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

More quotes by John Marshall

Image
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
Image
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
Image
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
Image
What are the maxims of Democracy? A strict observance of justice and public faith, and a steady adherence to virtue.
John Marshall
Image
The most lively fancy aided by the strongest description cannot equal the reality of the opera.
John Marshall
Image
The power to tax is the power to destroy.
John Marshall
Image
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
Image
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
Image
Between a balanced republic and a democracy, the difference is like that between order and chaos.
John Marshall
Image
A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law.
John Marshall
Image
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
Image
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
Image
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
Image
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
Image
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
Image
The peculiar circumstances of the moment may render a measure more or less wise, but cannot render it more or less constitutional.
John Marshall
Image
No one imagines that a law professing to tax will be permitted to destroy.
John Marshall
Image
This government is acknowledged by all, to be one of enumerated powers.
John Marshall
Image
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
Image
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