Supreme government

“ A republic, where the people at large, either collectively or by representation, form the legislature.
The separate advantages of monarchy are unity of council, decision, secrecy, and dispatch; the military strength and energy resulting from these qualities of government; the exclusion of popular and aristocratical contentions; the preventing, by a known rule of succession, all competition for the supreme power, thereby repressing the dangerous hopes and intrigues of aspiring citizens. ”

“ The States in their appointments Congress in their recommendations point directly to the establishment of a supreme government capable of “the common defence, security of liberty and general welfare.
Cannot conceive of a government in which there can exist two supremes. ”

“ The restraint is imposed by our Constitution. The American people have conferred the power of borrowing money on the government; and, by making that government supreme, have shielded its action, in the exercise of that power, from the action of the local governments. The grant of the power, and the declaration of supremacy, are a declaration that no such restraining or controlling power shall be exercised. ”

“ The powers both of the general government and the state governments, under this system, are acknowledged to be so many emanations of power from the people. The great object now to be attended to, instead of disagreeing about who shall possess the supreme power, is, to consider whether the present arrangement is well calculated to promote and secure the tranquillity and happiness of our common country These are the dictates of sound and unsophisticated sense, and what ought to employ the attention and judgment of this honorable body. ”

“ There are three simple species of government—monarchy, where the supreme power is in a single person; aristocracy, where the supreme power is in a select assembly, the members of which either fill up, by election, the vacancies in their own body, or succeed to their places in it by inheritance, property, or in respect of some personal right or qualification; a republic or democracy, where the people at large retain the supreme power, and act either collectively or by representation. ”

“ The legally expressed will of the majority is the supreme law of the land. We are responsible for what our Government does. We cannot excuse ourselves because of the act of some king, or the opinions of nobles. We are the kings. We are the nobles. We are the aristocracy of America, and when our Government does right we are honored, and when our Government does wrong the brand of shame is on the American brow. ”

“ But the state legislatures, as political bodies, however sovereign, are yet not sovereign over the people. So far as the people have given power to the general government, so far the grants are unquestionably good, and the government holds of the people, and not of the state governments. We are all agents of the same supreme power, the people. ”

“ Under the sway of terrestrial laws, winds blow, waters flow, and all the tenantries of the planet live and move. So, sir, the States move on in their orbits of duty and obedience, bound to the central Government by this Constitution, which is their supreme law, while each State is making laws and regulations of its own, developing its own energies, maintaining its own industries, managing its local affairs in its own way, subject only to the supreme but beneficent control of the Union. ”

“ 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. ”

“ No one will deny that in the powers granted to it the general government is supreme, and that, upon all subjects within their scope, it can make its authority respected and obeyed throughout the limits of the Republic ”

“ It takes under our actual system both the state governments and the general government to make one complete national government, invested with all the powers of government. By making the general government a supreme national government, we make it the source of all authority, subordinate the state governments to it, make them hold from it, and deprive them of all independent or undivided rights. ”

“ At the present time the doctrine of the Supreme Court, and therefore of the Government, is that all acts of the American Government in the annexed insular, transmarine and transterranean regions, are acts of absolute power, when directed toward communities, though tempered by "fundamental principles formulated in the Constitution" or by "the applicable provisions of the Constitution," when directed toward individuals. ”

“ While the government which the Constitution 145 established is one of enumerated powers, as to those powers it is a sovereign government, both in its choice of the means by which to exercise its powers and in its supremacy over all colliding or antagonistic powers. ”

“ The plain tendency is towards a centralization of all the greater powers of government in the hands of the federal authorities, and towards the practical confirmation of those prerogatives of supreme overlordship which Congress has been gradually arrogating to itself. The central government is constantly becoming stronger and more active, and Congress is establishing itself as the one sovereign authority in that government. ”

“ The balances of the Constitution are for the most part only ideal. For all practical purposes the national government is supreme over the state governments, and Congress predominant over its so-called coördinate branches. Whereas Congress at first overshadowed neither President nor federal judiciary, it now on occasion rules both with easy mastery and with a high hand ”

“ If any one proposition could command the universal assent of mankind, we might expect it would be this — that the Government of the Union, though limited in its powers, is supreme within its sphere of action. This would seem to result necessarily from its nature. It is the Government of all; its powers are delegated by all; it represents all, and acts for all. Though any one State may be willing to control its operations, no State is willing to allow others to control them. The nation, on those subjects on which it can act, must necessarily bind its component parts. ”

“ We want a Supreme Court which will do justice under the Constitution—not over it. In our courts we want a government of laws and not of men. ”

“ Resolved, That the Democratic party will abide by the decisions of the Supreme Court of the United States on the questions of constitutional law.
3. Resolved, That it is the duty of the United States to afford ample and complete protection to all its citizens, whether at home or abroad, and whether native or foreign. ”

“ The state governments should be held secure to their reserved rights, and the General Government sustained in its constitutional powers, and that the Union should be revered and watched over as the palladium of our liberties. ”

“ But, thank God, we have no such disputes; we have no monarchs to contend with, or demand admissions from. The proposed government is to be the government of the people: all its officers are to be their officers, and to exercise no rights but such as the people commit to them. ”

“ I must now beg to ask, Sir, Whence is this supposed right of the States derived? Where do they find the power to interfere with the laws of the Union? Sir, the opinion which the honorable gentleman maintains is a notion founded in a total misapprehension, in my judgment, of the origin of this government, and of the foundation on which it stands. I hold it to be a popular government, erected by the people; those who administer it, responsible to the people; and itself capable of being amended and modified, just as the people may choose it should be. ”

“ How grateful, then, should we be, that, at this important period,—a period important, not to us alone, but to the general rights of mankind,—so much harmony and concession should prevail throughout the states; that the public opinion should be so much actuated by candor, and an attention to their general interests; that, disdaining to be governed by the narrow motives of state policy, they have liberally determined to dedicate a part of their advantages to the support of that government from which they received them! ”

“ 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. ”

“ But the Constitutional revolution has enlarged the powers of Congress for the purpose of establishing and securing true and general self-government in all of these States, not for the purpose of circumscribing its scope and functions within narrower limits. ”

“ 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. ”

“ The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of the society; and in the next place, to take the most effectual precautions for keeping them virtuous whilst they continue to hold their public trust. The elective mode of obtaining rulers is the characteristic policy of republican government. ”

“ I view the states as made for the people, as well as by them, and not the people as made for the states; the people, therefore, have a right, whilst enjoying the undeniable powers of society, to form either a general government, or state governments, in what manner they please, or to accommodate them to one another, and by this means preserve them all. ”

“ These points being agreed, they proceeded to consider how and in what manner such a government could be formed, as, on the one hand, should be sufficiently energetic to raise us from our prostrate and distressed situation, and, on the other, be perfectly consistent with the liberties of the people of every state. ”

“ The Constitution is not a panacea for every blot upon the public welfare, nor should this Court, ordained as a judicial body, be thought of as a general haven for reform movements. The Constitution is an instrument of government, fundamental to which is the premise that in a diffusion of governmental authority lies the greatest promise that this Nation will realize liberty for all its citizens. ”

“ Shall any one hesitate then to prefer such a government to all others? A constitution in which the people reserve to themselves the absolute control of their purses, one essential branch of the legislature, and the inquest of grievances and state crimes, will always produce patriotism, bravery, simplicity and science; and that infinitely better for the order, security, and tranquillity they will enjoy, by putting the executive power in one hand, which it becomes their interest, as well as that of the nobles, to watch and control. ”

“ Who does not admit that this unparalleled growth in prosperity and renown is the result, under Providence, of the union of these States under a general Constitution, which guarantees to each State a republican form of government, and to every man the enjoyment of life, liberty, and the pursuit of happiness, free from civil tyranny or ecclesiastical domination? ”

“ It is the duty of the Judge, in all cases of general justice, to tell the jury how to do right, though they have it in their power to do wrong, which is a matter entirely between God and their own consciences.
To be free is to live under a government by law . ”

“ I shall support the most energetic measures which the Constitution admits, for the development of the moral and material interests of the American people, defend the sovereignty of the States against executive or judicial encroachment, and contribute all in my power for the restoration of the General Government to the principles of the fathers of the Constitution and the Union. ”

“ Whenever, therefore, Congress shall meditate any infringement of the state constitutions, the great body of the people will naturally take part with their domestic representatives. Can the general government withstand such a united opposition? Will the people suffer themselves to be stripped of their privileges? ”

“ For the Democracy of the whole country, we do here reaffirm our faith in the permanence of the Federal Union, our devotion to the constitution of the United States, with its amendments universally accepted as a final settlement of the controversies that engendered civil war, and do here record our steadfast confidence in the perpetuity of republican self-government. ”

“ It is to be hoped that those virtues in government will be exercised and displayed, when we consider that the powers of the federal government and those of the state governments are drawn from sources equally pure. ”

“ 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. ”

“ It was to frame, for the consideration of their constituents, one federal and national constitution—a constitution that would produce the advantages of good, and prevent the inconveniences of bad government—a constitution whose beneficence and energy would pervade the whole Union, and bind and embrace the interests of every part—a constitution that would insure peace, freedom, and happiness, to the states and people of America. ”

“ Rescinding an individual right in its entirety and conferring it on the State, an action the Court takes today for the first time in history, affects all who have relied on our constitutional system of government and its structure of individual liberties protected from state oversight. Roe and Casey have of course aroused controversy and provoked disagreement. But the right those decisions conferred and reaffirmed is part of society's understanding of constitutional law and of how the Court has defined the liberty and equality that women are entitled to claim. ”