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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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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
Absolutes
Absolute
Rights
Law
Divest
Nature
Vested
Cannot
Repeal
Contract
Contracts
More quotes by 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
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
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
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
This government is acknowledged by all, to be one of enumerated powers.
John Marshall
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
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
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
What are the maxims of Democracy? A strict observance of justice and public faith, and a steady adherence to virtue.
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
The power to tax is the power to destroy.
John Marshall
I fear we may live to see another revolution.
John Marshall
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
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
A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law.
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.
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
Seldom has a battle, in which greater numbers were not engaged, been so important in its consequences as that of Cowpens.
John Marshall
No one imagines that a law professing to tax will be permitted to destroy.
John Marshall
