Quote#Politics & Power
The power of punishment appertains to sovereignty, and may be…
Quote byJohn Marshall · 1755–1835
Commonly attributed — not confirmed in an authoritative edition. Cited on Wikiquote to: McCulloch v. Maryland (1819), 17 U.S. (4 Wheaton) 316, 409 and 416-418. Regarding the Necessary and Proper Clause in context of the powers of Congress..
English (original)
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 although not indispensably necessary. It is a right incidental to the power, and conducive to its beneficial exercise.
— John Marshall
More from John Marshall
The law does not expect a man to be prepared to defend every act of his life which may be suddenly and without notice alleged against him.
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.
We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution.
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.
A constitution is framed for ages to come, and is designed to approach immortality as nearly as human institutions can approach it.
Seldom has a battle, in which greater numbers were not engaged, been so important in its consequences as that of Cowpens..