Quote#Politics & Power
Who controvert the principle that the constitution is to be…
Quote byJohn Marshall · 1755–1835
Commonly attributed — not confirmed in an authoritative edition. Cited on Wikiquote to: Marbury v. Madison (1803), 5. U.S. (1 Cranch) 137, at 177-188.
English (original)
who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions … It would be giving the legislature a practical and real omnipotence
— 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..