Constitutionalism

“ It is not a democracy, wherein the people retain all their rights securely. Had these principles been adhered to, we should not have been brought to this alarming transition, from a confederacy to a consolidated government. ”

“ 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. ”

“ I find all through the Constitution an expression of grim determination to fortify the Nation against any influence which would weaken the supreme power of the people, which would in any way interfere with the plan to make this a government by the people. ”

“ 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. ”

“ To me, therefore, it is a marvel that in this country, under a Constitution ordained by men who were conversant with the principles of Magna Charta, and claimed them as their birthright, a Constitution which declares in its preamble that it is established 'to secure the blessings of liberty to ourselves and posterity,'-it could ever be contended that an order of the Executive, issued at his will for the arrest and imprisonment of a citizen, where the courts are open and in the full exercise of their jurisdiction, is due process of law, or could ever be made such by an act of Congress. ”

“ Whenever our national legislature is led to overleap the prescribed bounds of their constitutional powers, on the State Legislatures, in great emergencies, devolves the arduous task—it is their right—it becomes their duty, to interpose their protecting shield between the right and liberty of the people, and the assumed power of the General Government. ”

“ If one believes that a constitutional monarchy, such as ours, might be modified so that it might gradually arrive at the adoption of a government entirely elective, such an inconvenience would be less grievous than that of 265usurpations upon the rights of the national sovereignty, or upon the liberty of citizens. It was after this manner of viewing affairs, that in the midst of popular outrages, the intrigues of factions, and the machinations of foreigners, a constitution was freely discussed and adopted by the nation. ”

“ The Constitution of any government which cannot be regularly amended when its defects are experienced, reduces the people to this dilemma — they must either submit to its oppressions, or bring about amendments, more or less, by a civil war. ”

“ With a view, therefore, to preserve the rights and liberties of the people against unjust encroachments, and to secure the equal benefits of a free constitution, it is of vital importance to interpose some check against the undue exercise of the legislative power, which in every government is the predominating, and almost irresistible power. ”

“ Is it not possible that a patriotick Congress may also appear, which will, by a similar declaration proclaim the constitutional rights of the States in which they live, and of the people to whom they must return? ”

“ 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 people of any state cannot, then, by any alteration of their state constitution, destroy, or impair that supremacy. How, then, can they do it in any other less direct manner? Now, it is the proper function of the judicial department to interpret laws, and by the very terms of the constitution to interpret the supreme law. Its interpretation, then, becomes obligatory and conclusive upon all the departments of the federal government, and upon the whole people, so far as their rights and duties are derived from, or affected by that constitution. ”

“ It pre-supposes an organized society, law, order, property, personal freedom, a love of political liberty, and enough of cultivated intelligence to know how to guard it against the encroachments of tyranny. A written constitution is, in every instance, a limitation upon the powers of the government in the hands of agents, for there never was a written republican constitution which delegated to functionaries all the latent powers which lie dormant in every nation, and are boundless in extent, and incapable of definitions. ”

“ It is only necessary for us to realize that the Constitution is itself but one application of the great principles of the American System which, as the Supreme Court says, are "formulated" in it, and to proceed, by a new formulation or by adjudication, to apply these principles outside the present Union wherever American jurisdiction extends, in the confident belief that they can be applied universally, and that, wherever applied, they will bring the blessings of true liberty. ”

“ It is the production of the people, and the property of the people. It is their shield against the abuse of powers, as well as against the usurpation of powers, both by Congress and the judges. Your powers are limited. All legislative powers are granted to Congress, and all judicial powers are granted to the judges. You have, therefore, the power to enact laws, but no power to sit in judgment upon those laws. It is expressly and exclusively given to the judges to construe the laws, and to decide upon their constitutionality. ”

“ Even in our mere general form of government, a combination of President, Congress, and the Supreme Court is out of the question. How, then, could the governments of all the states combine to suppress the whole people?—Translator's remark. ”

“ Nor does it make any difference to such a community, that it enjoys within itself a free constitution of government, if that constitution is itself liable to be altered, suspended or over-ruled at the discretion of the state which possesses the sovereignty over it. ”

“ 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. ”

“ In truth and in fact, there is not, nor ever has been, such a political entity as the people of the United States in the aggregate, separated from, independent of, the voluntary or covenanted action of the States. That anything is constitutional or admissible, simply because the judiciary or the Executive or the Congress, or the moral convictions of citizens approve, or the country will be benefited by it, is a modern invention and has no basis in our constitutional federal republic. ”

“ In like manner we might run through all the forms of government that have ever blessed or cursed our race, without finding one which can he adopted by any State of this Union, except the single form of 'republican,' named in the Constitution. But can a State bereft of the right to frame its own mode of government be said to be possessed of 'sovereign' 'State rights,' or could a more effectual provision against their development have been formed than this? ”

“ That resolution declares that the powers granted by the proposed Constitution are the gift of the people, and may be resumed by them when perverted to their oppression, and every power not granted thereby remains with the people, and at their will. ”

“ This transfer then of constitutional powers, from the whole to a part, of from the part to which they are given by the constitution, to a part to which they are not given; is as dangerous to liberty, as an assumption by the whole of the government, of more power than is given to it by the constitution: because the division of the power which is given, is as effectual as its limitation, to the preservation of liberty. ”

“ The more the system advanced the more was I impressed with the necessity of not merely attempting to secure a few rights, but of digesting and forming a complete bill of rights, including those of states and of individuals, which should be assented to, and prefixed to the Constitution, to serve as a barrier between the general government and the respective states and their citizens ”

“ The people had a right to prohibit to the states the exercise of any powers which were, in their judgment, incompatible with the objects of the general compact; to make the powers of the state governments, in given cases, subordinate to those of the nation ”

“ To refer a state, therefore, to the exercise of a power, as reserved to her by the Constitution, the impossibility of exercising which was an inducement to adopt the Constitution, is, of all remedial devices, the last that ought to be brought forward. ”

“ If the division of federal powers central to the constitutional scheme is to succeed in its objective, it seems to me that the fundamental nature of those powers must be preserved as that nature was understood when the Constitution was enacted. ”

“ This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise the constitutional right of amending, or their revolutionary right to dismember or overthrow it. I cannot be ignorant of the fact that many worthy and patriotic citizens are desirous of having the national Constitution amended. ”

“ 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. ”

“ And if these extra-constitutional powers look like a part of the Constitution, it is not because they have been made and consecrated by the Constitution, but because the Constitution has been created by them. The Constitution is nothing but the bringing to light of the settlement of frontiers fixed from time to time between these immemorial forces. These forces exist side by side; they perpetually expand, or withdraw their claims to authority, they constantly come into collision with and press upon each other, they make compromises, but they are never at rest. ”

“ Strange, that nevertheless all states which have a free constitution,—all in which it is a recognized principle that the nation, and not any privileged class—not even that of its official servants—is the main object,—follow a totally opposite system. ”

“ Though, I trust, the friends of the proposed constitution will never concur with its enemies, in questioning that fundamental principle of republican government, which admits the right of the people to alter or abolish the established constitution, whenever they find it inconsistent with their happiness ”

“ I say that this new system shows, in stronger terms than words could declare, that the liberties of the people are secure. It goes on the principle that all power is in the people, and that rulers have no powers but what are enumerated in that paper. When a question arises with respect to the legality of any power, exercised or assumed by Congress, it is plain on the side of the governed: Is it enumerated in the Constitution? ”

“ We all agree that it is an instrument which has been in some way clothed with power. We all admit that it speaks with authority. The first question then is, What does it say of itself? What does it purport to be? Does it style itself a league, confederacy, or compact between sovereign States? It is to be remembered, Sir, that the Constitution began to speak only after its adoption. ”

“ It is indispensably necessary to good government, and rendered essential by the English constitution, that the constituent branches of the legislature be independent of each other; that, therefore, the exercise of legislative pou er in several colonies, by a council appointed, during pleasure, by the crown, is unconstitutional, dangerous, and destructive to the freedom of American legislation. ”

“ To be sure, a democracy may impose rules of action upon itself—as the American democracy did in accepting the Federal Constitution. But in adopting the Federal Constitution the American people did not abandon either its responsibilities or rights as Sovereign. ”