Legislature Quotes - page 3
On...rare and great occasions, on which the national mind has fully declared itself, I do not doubt your Lordships would yield to the opinion of the country-otherwise the machinery of Government could not be carried on. But there is an enormous step between that and being the mere echo of the House of Commons...I have no fear of the conduct of the House of Lords in this respect. I am quite sure-whatever judgment may be passed on us, whatever predictions may be made, be your term of existence long or short-you will never consent to act except as a free, independent House of the Legislature, and that you will consider any other more timid or subservient course as at once unworthy of your traditions, unworthy of your honour, and, most of all, unworthy of the nation you serve.
Robert Gascoyne-Cecil, 3rd Marquess of Salisbury
The powers of the legislature are defined, and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained? The distinction, between a government with limited and unlimited powers, is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.
John Marshall
It is admitted that the power of taxing the people and their property is essential to the very existence of Government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the Government may choose to carry it. The only security against the abuse of this power is found in the structure of the Government itself. In imposing a tax, the legislature acts upon its constituents. This is, in general, a sufficient security against erroneous and oppressive taxation. The people of a State, therefore, give to their Government a right of taxing themselves and their property, and as the exigencies of Government cannot be limited, they prescribe no limits to the exercise of this right, resting confidently on the interest of the legislator and on the influence of the constituent over their representative to guard them against its abuse.
John Marshall
The statute in question cannot be justified by reason of the fact that the publisher is permitted to show, before injunction issues, that the matter published is true and is published with good motives and for justifiable ends. If such a statute, authorizing suppression and injunction on such a basis, is constitutionally valid, it would be equally permissible for the legislature to provide that at any time the publisher of any newspaper could be brought before a court, or even an administrative officer (as the constitutional protection may not be regarded as resting on mere procedural details) and required to produce proof of the truth of his publication, or of what he intended to publish, and of his motives, or stand enjoined. If this can be done, the legislature may provide machinery for determining in the complete exercise of its discretion what are justifiable ends, and restrain publication accordingly. And it would be but a step to a complete system of censorship.
Charles Evans Hughes
Every man of the commonalty (excepting infants, insane persons, and criminals) is, of common right, and by the laws of God, a freeman, and entitled to the free enjoyment of liberty. ...liberty or freedom consists in having an actual share in the appointment of those who are to frame the laws and who are to be the guardians of every man's life, property, and peace. For the all of one man is as dear to him as the all of another; and the poor man has an equal right, but more need to have representatives in the Legislature than the rich one. ...they who have no voice or vote in the electing of representatives, do not enjoy liberty, but are absolutely enslaved to those who have votes and their representatives; for to be enslaved is to have governors whom other men have set over us, and to be subject to laws made by the representatives of others, without having had representatives of our own to give consent in our behalf.
Benjamin Franklin