Constitution

“ But a constitution of government, founded by the people for themselves and their posterity, and for objects of the most momentous nature, for perpetual union, for the establishment of justice, for the general welfare, and for a perpetuation of the blessings of liberty, necessarily requires, that every interpretation of its powers should have a constant reference to these objects. No interpretation of the words, in which those powers are granted, can be a sound one, which narrows down their ordinary import, so as to defeat those objects. ”

“ The Constitution under which you are assembled is a charter of limited powers. After full and solemn deliberation upon all or any of the objects which, urged by an irresistible sense of my own duty, I have recommended to your attention should you come to the conclusion that, however desirable in themselves, the enactment of laws for effecting them would transcend the powers committed to you by that venerable instrument which we are all bound to support, let no consideration induce you to assume the exercise of powers not granted to you by the people. ”

“ What is to become of constitutions of government, if they are to rest, not upon the plain import of their words, but upon conjectural enlargements and restrictions, to suit the temporary passions and interests of the day? Let us never forget, that our constitutions of government are solemn instruments, addressed to the common sense of the people and designed to fix, and perpetuate their rights and their liberties. They are not to be frittered away to please the demagogues of the day. They are not to be violated to gratify the ambition of political leaders. ”

“ The Constitution is the work or will of the people themselves, in their original, sovereign, and unlimited capacity. Law is the work or will of the legislature, in their derivative and subordinate capacity. The one is the work of the creator, and the other of the creature. The Constitution fixes limits to the exercise of the legislative authority, and prescribes the orbit in which it must move. ”

“ Have we, I say, that ingenuous and submissive respect for this authority, which not only reason and religion, but true policy, and every man’s proper interest requires? Our boasted Constitution itself, now so accurately defined and generally understood, Does it meet with that awful regard from us, which it justly deserves? Are we anxious, that, of its several parts, each should have its full play, without interfering with any other? ”

“ Our Constitution does not contain the absurdity of giving power to make laws, and another power to resist them. The sages, whose memory will always be reverenced, have given us a practical, and, as they hoped, a permanent constitutional compact. ”

“ There are now twenty-four states in the Union, and each has, in its sovereign capacity, a right to decide for itself in the last resort, what is the true construction of the constitution; what are its powers; and what are the obligations founded on it. We may, then, have, in the free exercise of that right, twenty-four honest, but different expositions of every power in that constitution, and of every obligation involved in it. What one state may deny, another may assert; what one may assert at one time, it may deny at another time. ”

“ But, Sir, the people have wisely provided, in the Constitution itself, a proper, suitable mode and tribunal for settling questions of constitutional law. There are in the Constitution grants of powers to Congress, and restrictions on these powers. ”

“ The reason is, that, in the Constitution, it is the people who speak, and not the States. The people ordain the Constitution, and therein address themselves to the States, and to the legislatures of the States, in the language of injunction and prohibition. The Constitution utters its behests in the name and by authority of the people, and it does not exact from States any plighted public faith to maintain it. ”

“ A state constitution is then in a just and appropriate sense, not only a law, but a supreme law, for the government of the whole people, within the range of the powers actually contemplated, and the rights secured by it. ”

“ Under the American Constitution was realized the sublime conception of a nation in which every citizen lives under two complete and well-rounded systems of laws,—the state law and the federal law—each with its legislature, its executive, and its judiciary moving one within the other, noiselessly, and without friction. ”

“ A Constitution, as we often say, will march when it images, if not the old Habits and Beliefs of the Constituted, then accurately their Rights, or better indeed their Mights;—for these two, well understood, are they not one and the same? ”

“ We all know what the Constitution is. We all know that the first principle of it is, that the subject shall not be governed by the arbitrium of any one man or body of men - less than the whole Legislature, but by certain laws, to which he has virtually given his consent, which are open to him to examine, and not beyond his ability to understand. ”

“ No candid man can dispute that I have given a correct description of the constitution-making power: that power which created and organized the Government, which delegated to it, as a common agent, certain powers, in trust for the common good of all the States, and which imposed strict limitations and checks against abuses and usurpations. ”

“ Therefore it is that the question, in reference to any measure, Is it constitutional? far from exciting ridicule, as sometimes with superficial thinkers it has done, is to be recognized as proof of our magnificent control over the wayward factions of the hour, and of our abiding trust in the hardly less than inspired wisdom of our fathers, to which we thus make our ultimate appeal. For the Constitution is the organic law of the nation, and stands for the firm foundation of our national life. ”

“ The question which arises on the construction of the constitution, in every point of view in which it can be contemplated, is of infinite moment to the people of this country and to their government, and requires the most temperate and the most deliberate consideration. ”

“ But whatever might have been the opinions entertained in forming the Constitution, it was the duty of all to support it in its true meaning as understood by the Nation at the time of its ratification. No one felt this obligation more than I have done; and there are few perhaps whose ultimate & deliberate opinions on the merits of the Constitution, accord in a greater degree with that obligation. ”

“ The clear-sighted provision in the national constitution, as in the constitutions of the different states, by which the frame of government can be moulded at will by the public voice, and so made to keep pace in progress with the public mind, is the master-stroke in constitutional law. ”

“ Here is the positive text of the Constitution, and you must affix its meaning. You cannot evade it, you cannot forget it, without abandonment of duty. Others in vision or aspiration have dwelt on the idea of a Republic, and they have been lifted in soul. You must consider it not merely in vision or aspiration, but practically, as legislators, seeking a precise definition, to the end that the constitutional “guaranty” may be performed. Your powers and duties are involved in this definition. The character of the Government founded by our fathers is also involved in it. ”

“ But where a constitution asserts a certain right, or lays down a certain principle of law or procedure, it speaks for the entire people as their supreme law, and is full authority for all that is done in pursuance of its provision. ”

“ The Constitution—bear that word well in mind—the Constitution which suffers no State to usurp a single power belonging to the General Government, and which was expressly framed for the purpose of making all its freemen the citizens of one great nation. ”

“ After all our doubts, our suspicions, and speculations, on the subject of government, we must return at last to this important truth—that, when we have formed a constitution upon free principles, when we have given a proper balance to the different branches of administration, and fixed representation upon pure and equal principles, we may, with safety, furnish it with all the powers necessary to answer, in the most ample manner, the purposes of government. ”

“ Now remembering the provision of the Constitution which I have read; affirming that that instrument is the supreme law of the land; that the Judges of every state shall be bound by it, any law or constitution of any state to the contrary, notwithstanding; that the right of property in a slave is affirmed in that Constitution, is made, formed into, and cannot be separated from it without breaking it; durable as the instrument; part of the instrument; what follows as a short and even syllogistic argument from it? ”

“ I will quote to you from the Constitution—if I had the Constitution here I would read it to you—it is to the effect 'that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.' No matter, therefore, whether the people live in the states or territories, they possess constitutional privileges alike. ”

“ Considering that you started free, and had to form your institutions in an enlightened age, that you had the estimable parts of our constitution to copy from, while its faults were before you to serve as beacons, I think your constitution ought to be nearer perfection than it is. ”

“ If a majority are capable of preferring their own private interests, or that of their families, counties, and party, to that of the nation collectively, some provision must be made in the constitution in favour of justice, to compel all to respect the common right, the public good, the universal law in preference to all private and partial considerations. ”

“ The Constitution was the expression not only of a political faith, but also of political fears. It was wrought both as the organ of the national interest and as the bulwark of certain individual and local rights. ”

“ The limited and well-defined powers under which we acted, and which could not, on any possible construction, embrace an idea of such magnitude as to assent to a general Constitution, in subversion of that, of the state. ”

“ These conventions, by this form of expression, meant merely to say, that the people of the United States had, by the blessing of Providence, enjoyed the opportunity of establishing a new Constitution, founded in the consent of the people. ”

“ They undertook to form a general government, which should stand on a new basis; not a confederacy, not a league, not a compact between States, but a Constitution; a popular government, founded in popular election, directly responsible to the people themselves, and divided into branches with prescribed limits of power, and prescribed duties. They ordained such a government, they gave it the name of a Constitution, and therein they established a distribution of powers between this, their general government, and their several State governments. ”

“ The truth is, that the great principles of the Constitution proposed by the convention may be considered less as absolutely new, than as the expansion of principles which are found in the articles of Confederation. ”

“ When I shall have loyally caused to operate all the means which have been left to me, no reproach can be aimed at me, and the nation, whose interest alone ought to serve as rule, will explain itself by the means which the constitution has reserved to it. ”

“ Article III of the Constitution provides for courts and judges, and fixes their jurisdiction—their power—and gives direction as to trial and penalty in certain cases.
Thus we find that the Constitution guarantees a National government (a republican form of government) , confers certain powers formerly held by the people, provides an executive to enforce the powers granted, a legislative body to make laws under which the powers may be exercised, and establishes [pg 185] courts to construe and apply the laws enacted, to the end that human rights and liberties shall be protected. ”

“ In legislating on this subject, congress, in the true spirit of the constitution, have proposed to secure to every one the full benefit of the constitution, without forcing any one necessarily into the courts of the United States. ”

“ A permanent constitution, rooted in the affections, expressing the will and judgment, and built upon the instincts and settled habits of thought of the people, with an independent judiciary, an elective legislature of two branches, an executive responsible to the people, and the right of trial by jury, will guarantee the liberties of a people, if it be virtuous and temperate, without luxury, and without the lust of conquest and dominion, and the follies of visionary theories of impossible perfection. ”

“ We hold that the constitution follows the flag and denounce the doctrine that an executive or congress, deriving their existence and their powers from the constitution, can exercise lawful authority beyond it, or in violation of it. ”

“ As these and all new forms of Government which recognize principles, never reduced to practice until the period of our illustrious Revolution must be in their nature experiments, the provision of a peaceable and constitutional remedy for such defects as experience may point out, is with great propriety established in our State and National Governments.—The citizens of this Commonwealth, have lately discovered their acquiescence under their Constitution as it now stands. ”

“ The truth is, that, in our governments, the supreme, absolute, and uncontrollable power remains in the people. As our constitutions are superior to our legislatures, so the people are superior to our constitutions. ”

“ The important distinction so well understood in America, between a Constitution established by the people and unalterable by the government, and a law established by the government and alterable by the government, seems to have been little understood and less observed in any other country. ”