John Marshall: Life, Character and Judicial Services as Portrayed in the Centenary and Memorial Addresses and Proceedings Throughout the United States on Marshall Day, 1901, and in the Classic Orations of Binney, Story, Phelps, Waite and Rawle, Volume 3
John Forrest Dillon
Callaghan, 1903 - Judges
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administration admiration adopted affection American appointed argument Association authority became bench brought Burr called cause character Chief Justice Chief Justice Marshall citizens close Congress considered Constitution construction continued course death decided decisions delivered duty equal established Executive exercise existence expressed father Federal followed force friends give given hand heart held highest honor House human important independent influence interest Jefferson John Marshall judge judgment judicial known labors land lawyer learning Legislature less liberty limited lives Madison Marshall's means ment mind Nation nature never occasion opinion party pass patriotism political present President principles questions reason reference respect result sense spirit stand Supreme Court thought tion treaty trial true Union United Virginia Washington whole wisdom
Page 37 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 417 - The constitution is either a superior paramount law, unchangeable by ordinary means, or It is on a level with ordinary legislative acts, and, like other acts, Is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the constitution Is not law; if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in Its own nature illimitable.
Page 294 - Fame is the spur that the clear spirit doth raise (That last infirmity of noble mind) To scorn delights and live laborious days; But the fair guerdon when we hope to find, And think to burst out into sudden blaze, Comes the blind Fury with the abhorred shears, And slits the thin-spun life. 'But not the praise...
Page 38 - ... ^Should congress, in the execution of its powers, adopt measures which are prohibited by the constitution ; or should congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government...
Page 416 - The question, whether an act, repugnant to the Constitution, can become the law of the land, is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.
Page 416 - It is a proposition too plain to be contested that the Constitution controls any legislative act repugnant to it, or that the legislature may alter the Constitution by an ordinary act.
Page 422 - The Judicial Department comes home in its effects to every man's fireside : it passes on his property, his reputation, his life, his all. Is it not, to the last degree important, that he should be rendered perfectly and completely independent, with nothing to influence or control him but God and his conscience?
Page 49 - The government of the Union, then (whatever may be the influence of this fact on the case), 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.
Page 117 - You seem, in pages 84 and 148, to consider the judges as the ultimate arbiters of all constitutional questions — a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. Their maxim is, 'boni judicis est ampliare jurisdictionem...
Page 419 - No man is desirous of placing himself in a disagreeable situation; no man is desirous of becoming the peculiar subject of calumny; no man, might he let the bitter cup pass from him without self-reproach would drain it to the bottom; but if he has no choice in the case, — if there...