Unconstitutionality

“ They are plain, common-sense rules, such as you and I, and all of us, can understand and apply, without having passed years in the study of law. I scout the idea that the question of the constitutionality, or unconstitutionality of slavery, is not a question for the people. ”

“ It is unsafe for any person to resist an act of the State or National Legislature, on the ground of its unconstitutionality, unless he is prepared to abide the consequences, in case his judgment should prove to be erroneous. ”

“ We state what we hold to be the rule thus strongly because we are of opinion that, on a subject like the one under consideration, involving the establishment of a right whose exercise lies at the very basis of government, a much more exacting standard is required than would ordinarily obtain where the influence of the declared unconstitutionality of one provision of a statute upon another and constitutional provision is required to be fixed. ”

“ The matter is beyond the power of the legislature to regulate, control, or condition. The case is therefore quite different from a legislative program in the field of business, labor, housing, and the like where regulation is permissible and the claim of unconstitutionality usually can be determined only by the manner or degree of application of the statute to an aggrieved person. ”

“ The idea, therefore, of any inherent authority or sovereignty in our governments, as governments, or of any inherent right in the majority to restrain individuals, by arbitrary enactments, from the exercise of any of their natural rights, is as sheer an imposture as the idea of the divine right of kings to reign, or any other of the doctrines on which arbitrary governments have been founded. ”

“ And as the executive and legislature have always enacted more or less statutes, and had more or less purposes to accomplish, that were inconsistent with natural right, judges have seen that it would be impossible for them to retain their offices, and at the same time maintain the integrity of the law against the will of those in whose power they were. ”

“ These analogies justify the position that under a system of compound government like ours, the States sho'd have the right to judge in the last resort when their sovereignties are encroached upon, and to take measures for their protection. It is further justified by the right of revolution which is admitted to exist in the people. ”

“ Slavery, if it can be legalized at all, can be legalized only by positive legislation. Natural law gives it no aid. Custom imparts to it no legal sanction. ”

“ Here we find no security for the rights of individuals, no security for the existence of our state governments; here is no bill of rights, no proper restriction of power; our lives, our property, and our consciences, are left wholly at the mercy of the legislature, and the powers of the judiciary may be extended to any degree short of almighty. Sir, in this Constitution we have not only neglected,—we have done worse,—we have openly violated, our faith,—that is, our public faith. ”

“ But, be it wrong—be it unwise and unconstitutional; there are civil courts to decide upon its constitutionality, and no man has any right to decide for himself that it is unconstitutional, and act upon that decision: if he had such a right, then every man would be his own Lawmaker, and public Constitution and Law would be nothing but a bugbear or a bubble! ”

“ Can it be possible that a court would practically recognize the humanity, justice, right and necessity of a law prepared with the greatest care by the legislature and at the same time declare it unconstitutional? Can it be possible that there are standards of right and justice which public opinion recognizes and which violate a constitution, the very bulwarks of justice and right made especially to preserve these very things? ”

“ How can a law which, beyond all human control, arms the legislature with the legal right of doing what the constitution prohibits their doing, be constitutional? Nay, worse: which puts them in the actual possession of a power, the very existence of which is a violation of the contract. How can the legislature legislate themselves into the possession of a power, not only not granted, but expressly withheld by the people? ”

“ Are the States bound to submit to laws which are unconstitutional, and therefore void?
5. If the States are not so bound to submit, is not the particular State which refuses to submit, right in so doing?
6. If the recusant State be right in her refusal to submit, are not the other States wrong in compelling her to submit? Is it not oppression of the worst sort, to coerce obedience to usurped power?
The above questions are propounded upon the hypothesis that Congress may have actually passed a law palpably and dangerously violating the Constitution. ”

“ So, sir, I understood the gentleman, and am happy to find that I did not misunderstand him. What he contends for is, that it is constitutional to interrupt the administration of the Constitution itself, in the hands of those who are chosen and sworn to administer it, by the direct interference, in form of law, of the States, in virtue of their sovereign capacity. The inherent right in the people to reform their government I do not deny; and they have another right, and that is, to resist unconstitutional laws, without overturning the government. ”

“ If by the action of the legislature, or of congress, or of the courts, the rights reserved to the people can be abridged, denied, or destroyed, then we do not live under a republican, but are the subjects of a despotic, government. ”

“ Under our form of government, where the written Constitution, by its own terms, is the supreme law, some agency, of necessity, must have the power to say the final word as to the validity of a statute assailed as unconstitutional. The Constitution makes it clear that the power has been intrusted to this court when the question arises in a controversy within its jurisdiction; and so long as the power remains there, its exercise cannot be avoided without betrayal of the trust. ”

“ Is it any thing else than a charter, in which are laid down the functions, the powers, and the duties of the mere organs or instruments of the government? In a pure democracy, a constitution is an absurdity. In an absolute despotism, a constitution is an absurdity. Because, in either case, the power which acts is absolute, and being the only power which can make the constitution, it can disobey it or annul it, and there is nothing beyond it to impose on it the necessity of obedience to its own rules. It is only in a representative government that a constitution properly finds a place. ”

“ The perpetuity of our institutions, and the liberty which is enjoyed under them, depend, in no small degree, upon the power given the judiciary to declare null and void all legislation that is clearly repugnant to the supreme law of the land. ”

“ If regardless of our duty as citizens, and our solemn obligations as Representatives—regardless of the Rights of our constituents—regardless of every sanction human and divine, we are ready to violate the Constitution we have sworn to defend; will the people submit to our unauthorized acts; will the states sanction our usurped power? ”

“ If the power of the legislature be constitutionally exercised at the time, the act cannot afterwards, by any fiction of relation, be divested of its constitutional character, and become unconstitutional and void. It is the fact, that the law when passed by the State is constitutional or unconstitutional, that determines whether it be valid or void. It is upon the act of passing that the constitutional prohibition operates, and, the act once done, it is not in the power of the future to change the fact, that the law was, when passed, constitutional or unconstitutional. ”

“ The Constitution classes us as "free people," and counts us whole persons in the basis of representation; and yet are we governed without our consent, compelled to pay taxes without appeal, and punished for violations of law without choice of judge or juror. ”

“ Suppose either of the other branches of the Government, the Executive or the Judiciary, or even Congress, should be guilty of taking steps which are unconstitutional, to whom it is submitted, or who has control over it, except by impeachment? The Constitution seems to have equal confidence in all the branches on their own proper ground, and for either to arrogate superiority, or a claim to greater confidence, shows them in particular to be unworthy of it, as it is in itself directly unconstitutional.
3. The authentication of their own acts. ”

“ As long as our excellent constitution shall be considered as sacred, by any department of our government, the liberties of our country are safe, and every attempt to violate them may be defeated by means of law, without force, or to malt of any kind: and the more unconstitutional an act of the legislature shall be, the easier it will be to defeat it in this way ”

“ No remedy, in my opinion, for any supposed or real infirmity, can be afforded by disregarding the Constitution, by destroying the lines which separate state and Federal authority, and by implying the existence of a power which is repugnant to all those fundamental rights of life, liberty, and property upon which just government must rest. ”

“ People, 87 Ill. 395, the court said: 'But, should it work hardship to individuals, that by no means warrants the violation of a plain and emphatic provision of the constitution. The liberty of the citizen, and his security in all his rights, in a large degree depend upon a rigid adherence to the provisions of the constitution and the laws, and their faithful performance. If courts, to avoid hardships, may disregard and refuse to enforce their provisions, then the security of the citizen is imperiled. ”

“ A wise and generous people are roused by every appearance of oppressive, unconstitutional measures, whether those measures are supported only by the power of government, or masked under the forms of a court of justice. ”

“ We are not able to reject a part which is unconstitutional, and retain the remainder, because it is not possible to separate that which is unconstitutional, if there be any such, from that which is not. ”

“ From one of these causes, it has probably happened, that the instances of a bold opposition to unconstitutional laws by State judges, have been so much more frequent than similar proofs of independence on the part of Federal judges. But these considerations do not obliterate truth. It must be admitted that legislative power is the source of nearly all the violations of our political theory. Is it not more magnanimous to assail the principal than his agent? ”

“ All laws are unconstitutional that are unfair, shock the conscience of the Court, offend its sense of decency, or violate concepts implicit in ordered liberty.
The first of these two constitutional standards plainly tells judges they have no power to hold laws unconstitutional unless such laws are believed to violate the written Constitution. ”

“ We may once more repeat what has been so often said, that one who would strike down a state statute as violative of the Federal Constitution must show he is within the class with respect to whom the act is unconstitutional, and must show that the alleged unconstitutional feature injures him, and so operates as to deprive him of rights protected by the Federal Constitution. ”

“ With all legislative power vested in the house of representatives which is elected by the people, all judges elected by the people and the United States supreme court shorn of its usurped power to declare laws unconstitutional, it is difficult to see how the government could become tyrannical. ”

“ Far down the ages, when men shall wish to inform themselves as to the real state of liberty, law, religion, and civilization in the United States at this juncture of our history, they will overhaul the proceedings of the Supreme Court, and read this strange decision declaring the Civil Rights Bill unconstitutional and void. ”

“ We saw the Government indulging in wanton disregard of the laws of the land, and resorting to daring assumptions of unconstitutional power, and we saw the people, apparently at least acquiescing with reckless levity in the transgressions, threatening the very life of our free institutions. ”

“ The constitutional provision, therefore, must mean that no agency of the State or of the officers or agents by whom its powers are exerted shall deny to any person within its jurisdiction the equal protection of the laws. ”

“ I have no dread that they will immediately infringe the dearest rights of the people, but that the operation of the government will be oppressive in process of time. Shall we not pursue the dictates of common sense, and the example of all free and wise nations, and insist on amendments with manly fortitude? ”

“ Section 1 aimed at another evil, the evil not of combinations dedicated to purposeful and systematic discrimination, but of violation of any rights, privileges, or immunities secured by the Constitution through the authority, enhanced by the majesty and dignity, of the States. Here it was precisely this authorization, this assurance that behind a constitutional violation lay the whole power of the State, that was the danger. ”

“ Within these limits, the power vested in the American courts of justice of pronouncing a statute to be unconstitutional, forms one of the most powerful barriers which has ever been devised against the tyranny of political assemblies. ”

“ Whoever, by virtue of public position under a state government, deprives another of property, life, or liberty without due process of law, or denies or takes away the equal protection of the laws, violates the constitutional inhibition ”

“ We are hedged about by certain restrictions that we can neither remove nor ignore. God has written certain laws in our nature—laws that no legislature can repeal—laws that no court can declare unconstitutional, and these laws limit us in our expenditures. ”

“ For, as to such public oppressions as tend to dissolve the constitution, and subvert the fundamentals of government, they are cases which the law will not, out of decency, suppose; being incapable of distrusting those, whom it has invested with any part of the supreme power ”