Whether a law be void for its repugnancy to the Constitution, is, at all times, a question of much delicacy, which out seldom, if ever, to be decided in the affirmative, in doubtful case. ... But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
John MarshallRelated topics
affirmative case clear conjecture constitution conviction decided delicacy doubtful implication incompatibility judge law legislature opposition question repugnancy should slight times vague void acts feels powersRelated quotes
When we framed the Constitution, we adopted the British model. Therefore, the President acts as the crown. You see, Britain has no written constitution. So, there is nothing unconstitutional there. But in India we have a Constitution and any legislation even by Parliament contrary to the Constitution is void. As the Constitution now exists, the President has to follow the British precedent in many matters. Unfortunately, there is no British precedent in this matter.
R. Venkataraman
This lesson was firmly in the minds of those who made the American Constitution. They proposed to adopt institutions under which the people should be supreme, and the government should derive its just powers from the consent of the governed. They were determined to be a sovereign people under a government having such powers as they from time to time should confer upon it by a written constitution. They did not propose to be under the tyranny of either the executive or the legislature.
Calvin Coolidge
Since lives and liberties depend upon clarity, not obfuscation, and reason, not hyperbole, let me take this opportunity today to be clear: Each action taken by the Department of Justice, as well as the war crimes commissions considered by the president and the Department of Defense, is carefully drawn to target a narrow class of individuals- terrorists. Our legal powers are targeted at terrorists. Our investigation is focused on terrorists. Our prevention strategy targets the terrorist threat.
John Ashcroft
Yours of yesterday is this instant come to hand & I have but a few minutes to answer it. I am sorry that your situation obliges you to listen to propositions of the nature you describe. My opinion is that a reservation of a right to withdraw if amendments be not decided on under the form of the Constitution within a certain time, is a conditional ratification, that it does not make N. York a member of the New Union, and consequently that she could not be received on that plan. Compacts must be reciprocal, this principle would not in such a case be preserved.
James Madison
When dealing with the distribution of powers between the General Government and the States, Chief Justice Marshall declared: 'When the American people created a national legislature, with certain enumerated powers, it was neither necessary nor proper to define the powers retained by the States. Those powers proceed, not from the people of America, but from the people of the several States, and remain after the adoption of the Constitution what they were before, except in so far as they may be abridged by that instrument.
Calvin Coolidge
