The people cannot delegate to government the power to do anything which would be unlawful for them to do themselves.more John Locke quotes | | | Civil libertarians must often remind government officials (and others) that if the First Amendment only protected the expression of popular and agreeable ideas, it would be totally unnecessary since those ideas would never be threatened by our democratic form of government. Our society's commitment to free speech is tested when we encounter the expression of ideas that are disagreeable -- or even offensive.more Timothy Lynch quotes | | An efficient militia is authorized and contemplated by the Constitution and required by the spirit and safety of free government.more James Madison quotes | Because finally, 'the equal right of every citizen to the free exercise of his religion according to the dictates of conscience' is held by the same tenure with all his other rights. If we recur to its origin, it is equally the gift of nature; if we weigh its importance, it cannot be less dear to us; if we consider the 'Declaration of those rights which pertain to the good people of Virginia, as the basis and foundation of government,' it is enumerated with equal solemnity, or rather studied emphasis.more James Madison quotes | Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can
only end in a distorted, bastardized form of illegitimate government.more James Madison quotes | Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government.more James Madison quotes | Each State, in ratifying the Constitution, is considered as a sovereign body, independent of all others, and only to be bound by its own voluntary act. In this relation, then, the new Constitution will, if established, be a FEDERAL, and not a NATIONAL constitutionmore James Madison quotes | It is very certain that [the commerce clause] grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government.more James Madison quotes | May it not be asked of every intelligent friend to the liberties of his country, whether the power exercised in such an act as this ought not to produce great and universal alarm? Whether a rigid execution of such an act, in time past, would not have repressed that information and communication among the people which is indispensable to the just exercise of their electoral rights? And whether such an act, if made perpetual, and enforced with rigor, would not, in time to come, either destroy our free system of government, or prepare a convulsion that might prove equally fatal to it? more James Madison quotes | The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of the society; and in the next place, to take the most effectual precautions for keeping them virtuous whilst they continue to hold their public trust.more James Madison quotes | The Constitution supposes, what the history of all governments demonstrates, that the executive is the branch of government most interested in war, and most prone to it. It has accordingly with studied care, vested the question of war in the legislature.more James Madison quotes | The highest number to which a standing army can be carried in any country does not exceed one hundredth part of the souls, or one twenty-fifth part of the number able to bear arms. This portion would not yield, in the United States, an army of more than twenty-five or thirty thousand men. To these would be opposed a militia amounting to near half a million citizens with arms in their hands, officered by men chosen from among themselves, fighting for their common liberties and united and conducted by governments possessing their affections and confidence. It may well be doubted whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. ... Besides the advantage of being armed, ... the existence of subordinate governments ... forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of. ... [The governments of Europe] are afraid to trust the people with arms. ... Let us not insult the free and gallant citizens of America with the suspicion that they would be less able to defend the rights of which they would be in actual possession than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors.more James Madison quotes | The internal effects of a mutable policy are [...] calamitous. It poisons the blessings of liberty itself. It will be of little avail to the people that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed before they are promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what it will be tomorrow.more James Madison quotes | The people shall not be deprived or abridged of their right to speak, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.more James Madison quotes | The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation and foreign commerce.more James Madison quotes | The powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it.more James Madison quotes | The right of the people to keep and bear arms shall not be infringed;
a well armed and well regulated militia being the best security of a free country;
but no person religiously scrupulous of bearing arms
shall be compelled to render military service in person.more James Madison quotes | We hold it for a fundamental and undeniable truth, that religion, or the duty we owe our Creator and the manner of discharging it, can be directed only by reason and conviction, not by force or violence. The religion then of every man must be left to the conviction and conscience of every man; and it is the right of every man to exercise it as these may dictate. This right is in its nature an unalienable right.more James Madison quotes | What can be more reasonable than that when crowds of them [immigrants] come here, they should be forced to renounce everything contrary to the spirit of the Constitution[?]more James Madison quotes | With respect to the words general welfare, I have always regarded them as qualified by the detail of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which there is a host of proofs was not contemplated by its creators.more James Madison quotes | [A]ll power is originally vested in, and consequently derived from, the people. That government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty and the right of acquiring property, and generally of pursuing and obtaining happiness and safety. That the people have an indubitable, unalienable, and indefeasible right to reform or change their government whenever it be found adverse or inadequate to the purpose of its institution.more James Madison quotes | Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their death.more James Madison quotes | It is proper to take alarm at the first experiment on our liberties. We hold this prudent jealousy to be the first duty of citizens, and one of the noblest characteristics of the late Revolution. The freeman of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle.more James Madison quotes | On the distinctive principles of the Government ...
of the U. States, the best guides are to be found in ...
The Declaration of Independence,
as the fundamental Act of Union of these States.more James Madison quotes | The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse.more James Madison quotes | I acknowledge, in the ordinary course of government, that the exposition of the laws and Constitution devolves upon the judicial. But I beg to know upon what principle it can be contended that any one department draws from the Constitution greater powers than another in marking out the limits of the powers of the several departments.more James Madison quotes | Since the general civilization of mankind, I believe there are more instances of the abridgment of freedoms of the people by gradual and silent encroachment of those in power than by violent and sudden usurpations.more James Madison quotes | The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in
the State governments are numerous and indefinite.more James Madison quotes | If it be asked what is to be the consequence, in case the Congress shall misconstrue this part of the Constitution, and exercise powers not warranted by its true meaning, I answer, the same as if they should misconstrue or enlarge any other power vested in them; as if the general power had been reduced to particulars, and any one of these were to be violated; the same, in short, as if the State legislatures should violate their respective constitutional authorities. In the first instance, the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in the last resort a remedy must be obtained from the people who can, by the election of more faithful representatives, annul the acts of the usurpers.more James Madison quotes | I cannot undertake to lay my finger on that article of the Constitution which granted a right to Congress of expending, on the objects of benevolence, the money of their constituents.more James Madison quotes | In framing a government, which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed, and in the next place, oblige it to control itself.more James Madison quotes | If Congress can employ money indefinitely to the general welfare, and are the sole and supreme judges of the general welfare, they may take the care of religion into their own hands; they may appoint teachers in every State, county and parish and pay them out of their public treasury; they may take into their own hands the education of children, establishing in like manner schools throughout the Union; they may assume the provision of the poor; they may undertake the regulation of all roads other than post-roads; in short, every thing, from the highest object of state legislation down to the most minute object of police, would be thrown under the power of Congress. ... Were the power of Congress to be established in the latitude contended for, it would subvert the very foundations, and transmute the very nature of the limited Government established by the people of America.more James Madison quotes | Americans need never fear their government because of the advantage of being armed, which the Americans possess over the people of almost every other nation.more James Madison quotes | ... large and permanent military establishments ... are forbidden by the principles of free government, and against the necessity of which the militia were meant to be a constitutional bulwark.more James Madison quotes | Landholders ought to have a share in the government to support these invaluable interests and check the other many. They ought to be so constituted as to protect the minority of the opulent against the majority.more James Madison quotes | | It was during the eighteenth century -- a period of boastful satisfaction with the nice balances within the English constitution -- that Englishmen came to accept the Whig view of the utility of an armed citizenry. The armed citizen was not only affirmed to be protecting himself but, together with his fellows, provided the ultimate check on tyranny.more Joyce Lee Malcolm quotes | The fact that we became a nation and immediately separated church and state -- it has saved us from all the misery that has beset mankind with inquisitions, internecine and civil wars, and other assorted ills.more Dumas Malone quotes | | It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each. So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the Courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the Legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.more John Marshall quotes | The province of the Court is solely to decide on the rights of individuals... . Questions, in their nature political or which are, by the Constitution and laws, submitted to the Executive, can never be made in this court.more John Marshall quotes | 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. ...
[S]hould Congress, under the pretext of
executing its powers, pass laws for the
accomplishment of objects not entrusted to
the government, such [acts are] not the law of
the land.more Justice John Marshall quotes | State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. ...
Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c., are component parts of this mass.
No direct general power over these objects is granted to Congress, and, consequently, they remain subject to State legislation.more Justice John Marshall quotes | | | If the First Amendment means anything,
it means that a state has no business telling a man, sitting alone in his own house,
what books he may read or what films he may watch.
Our whole constitutional heritage rebels at the thought
of giving government the power to control men's minds.more Justice Thurgood Marshall quotes | By the power to lay and collect imposts Congress may impose duties on any or every article of commerce imported into these states to what amount they please. By the power to lay excises, a power very odious in its nature, since it authorizes officers to examine into your private concerns, the Congress may impose duties on every article of use or consumption: On the food that we eat, on the liquors we drink, on the clothes that we wear, the glass which enlighten our houses, or the hearths necessary for our warmth and comfort. By the power to lay and collect taxes, they may proceed to direct taxation on every individual either by a capitation tax on their heads or an assessment on their property. By this part of the section, therefore, the government has a power to tax to what amount they choose and thus to sluice the people at every vein as long as they have a drop of blood left.more Luther Martin quotes |
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