As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be …

John Marshall
जॉन मार्शल
chief justice of the United States from 1801 to 1835, (1755-1835)
39 pieces
- Lived
- 1755–1835
- Born
- Germantown
- Died
- Philadelphia
- Nationality
- United States
- Known as
- judge, writer, lawyer, politician
- Era
- 19th century
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Works (39)
In the Legislature of the Union alone are all represented. The Legislature of the Union alone, therefore, can be trusted by the people with the power of controlling measures which concern all, in the confidence that it will not be abused.
the power to tax involves the power to destroy
These are, 1st. That a power to create implies a power to preserve; 2d. That a power to destroy, if wielded by a different hand, is hostile to, and incompatible with these powers to create and to preserve; 3d. That, where this repugnancy …
other propositions are deduced as corollaries
This great principle is that the Constitution and the laws made in pursuance thereof are supreme; that they control the Constitution and laws of the respective States, and cannot be controlled by them. From this
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, …
the power of punishment appertains to sovereignty, and may be exercised, whenever the sovereign has a right to act, as incidental to his Constitutional powers. It is a means for carrying into execution all sovereign powers, and may be used …
all legislative powers appertain to sovereignty. The original power of giving the law on any subject whatever is a sovereign power [...] All admit that the Government may legitimately punish any violation of its laws, and yet this is not …
This provision is made in a constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.
The subject is the execution of those great powers on which the welfare of a Nation essentially depends.
The Government which has a right to do an act and has imposed on it the duty of performing that act must, according to the dictates of reason, be allowed to select the means, and those who contend that it may not select any appropriate …
We must never forget that it is a constitution we are expounding.
The Government of the United States, then, though limited in its powers, is supreme, and its laws, when made in pursuance of the Constitution, form the supreme law of the land
T]he Government of the Union, though limited in its powers, is supreme within its sphere of action.
is now universally admitted. But the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise, as long as our system shall exist.
This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it
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.
an effective government, possessing great and sovereign powers, and acting directly on the people
From these conventions the Constitution derives its whole authority. The government proceeds directly from the people; is "ordained and established" in the name of the people, and is declared to be ordained, "in order to form a more …
submitted to the people. They acted upon it in the only manner in which they can act safely, effectively and wisely, on such a subject — by assembling in convention.
by the convention, by Congress, and by the State legislatures
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.
that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.