The Life of John Marshall: Conflict and construction, 1800-1815Houghton Mifflin, 1919 |
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¹ Annals 1st Sess 2d Sess 7th Cong Aaron Burr acts of Congress Adair Adams American appointed asserted authority Bayard Breckenridge British Burr's Bushrod Washington Cabot Callender chap charge Chase Trial Chief Justice circuit common law Constitution convicted counsel Cranch crimes debate declared District doctrine Dreer MSS Eaton Executive Federal Federalist Judiciary Act Fisher Ames Ford Gallatin Giles Government grand jury Hist House impeachment indicted infra Jackson James Jefferson John Marshall John Quincy Adams judicial Kentucky King legislation Legislature letter Madison mandamus Marbury March Marshall's McCaleb Memoirs ment Morris National courts National judges National Judiciary opinion Orleans Parton party Pickering Plumer MSS political popular President principles Randolph repeal Republican Samuel Chase Senate South Carolina speech Spencer Roane statute supra Supreme Court tion treason unconstitutional United Virginia volume vote Wayne Wharton Wilkinson William writ wrote
Popular passages
Page 99 - 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...
Page 137 - 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 118 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
Page 138 - It would be giving to the legislature a practical and real omnipotence, with the same breath, which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring, that those limits may be passed at pleasure.
Page 280 - The Western States (I speak now from my own observation) stand as it were upon a pivot. The touch of a feather would turn them any way.
Page 348 - On the contrary, if war be actually levied, that is, if a body of men be actually assembled for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute or however remote from the scene of action, and who are actually leagued in the general conspiracy, are to be considered as traitors.
Page 261 - To be prepared for war is one of the most effectual means of preserving peace.
Page 508 - But if he have no choice in the case, if there be no alternative presented to him but a dereliction of duty or the opprobrium of those who are denominated the world, he merits the contempt as well as the indignation of his country who can hesitate which to embrace...
Page 524 - You will be enabled to judge whether the defect was in the testimony, in the law, or in the administration of the law ; and wherever it shall be found, the legislature alone can apply or originate the remedy. The framers of our constitution certainly supposed they had guarded, as well their government against destruction by treason, as their citizens against oppression, under pretence of it, and if these ends are not attained, it is of importance to inquire by what means, more effectual, they may...
Page 608 - Blennerhassett's character, that on his arrival in America he retired even from the population of the Atlantic States, and sought quiet and solitude in the bosom of our Western forests. But he carried with him taste, and science, and wealth; and lo, the desert smiled!