John Marshall: Life, Character and Judicial Services as Portrayed in the Centenary and Memorial Addresses and Proceedings Throughout the United States on Marshall Day, 1901, and in the Classic Orations of Binney, Story, Phelps, Waite and Rawle, Volume 3John Forrest Dillon Callaghan, 1903 |
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Page 9
... thoughts or remote from them , buried under a mass of ob- solete learning or developed for the first time yesterday whatever its nature , he courted argument , nay , he de- manded it . " It was this , and not the gown and commis- sion ...
... thoughts or remote from them , buried under a mass of ob- solete learning or developed for the first time yesterday whatever its nature , he courted argument , nay , he de- manded it . " It was this , and not the gown and commis- sion ...
Page 26
... thought , that is solitary and unique . His contemporaries have handed down to us many pleasant anecdotes illustrative of the unaffected simplic- ity and affability of manners of this great judge ; of his gentleness of demeanor , his ...
... thought , that is solitary and unique . His contemporaries have handed down to us many pleasant anecdotes illustrative of the unaffected simplic- ity and affability of manners of this great judge ; of his gentleness of demeanor , his ...
Page 27
... thoughts of the unlettered Athenian popu- lace , could save them from the hand of the destroyer . But Fame , faithful to her trust , preserves amid ruin and desolation the treasures committed to her keeping . Nearly two 27 Arkansas ...
... thoughts of the unlettered Athenian popu- lace , could save them from the hand of the destroyer . But Fame , faithful to her trust , preserves amid ruin and desolation the treasures committed to her keeping . Nearly two 27 Arkansas ...
Page 40
... thought , may I not adopt a passage found in one of the Yale lectures of Judge Dillon ? " If the Supreme Court during the period of active national development covered by the long official career of Chief Justice John Marshall had put a ...
... thought , may I not adopt a passage found in one of the Yale lectures of Judge Dillon ? " If the Supreme Court during the period of active national development covered by the long official career of Chief Justice John Marshall had put a ...
Page 56
... thought and profundity of grasp with which the great Chief Jus- tice came to the most important questions which ever confronted the government . I say the most important , for suppose that contrary views of these great constitu- tional ...
... thought and profundity of grasp with which the great Chief Jus- tice came to the most important questions which ever confronted the government . I say the most important , for suppose that contrary views of these great constitu- tional ...
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Popular passages
Page 37 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 417 - The constitution is either a superior paramount law, unchangeable by ordinary means, or It is on a level with ordinary legislative acts, and, like other acts, Is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the constitution Is not law; if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in Its own nature illimitable.
Page 294 - Fame is the spur that the clear spirit doth raise (That last infirmity of noble mind) To scorn delights and live laborious days; But the fair guerdon when we hope to find, And think to burst out into sudden blaze, Comes the blind Fury with the abhorred shears, And slits the thin-spun life. 'But not the praise...
Page 38 - ... ^Should congress, in the execution of its powers, adopt measures which are prohibited by the constitution ; or should congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government...
Page 416 - The question, whether an act, repugnant to the Constitution, can become the law of the land, is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.
Page 416 - 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.
Page 422 - The Judicial Department comes home in its effects to every man's fireside : it passes on his property, his reputation, his life, his all. Is it not, to the last degree important, that he should be rendered perfectly and completely independent, with nothing to influence or control him but God and his conscience?
Page 49 - The government of the Union, then (whatever may be the influence of this fact on the case), is emphatically and truly a government of the people. In form and in substance it emanates from them, its powers are granted by them, and are to be exercised directly on them, and for their benefit.
Page 117 - You seem, in pages 84 and 148, to consider the judges as the ultimate arbiters of all constitutional questions — a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. Their maxim is, 'boni judicis est ampliare jurisdictionem...
Page 419 - No man is desirous of placing himself in a disagreeable situation; no man is desirous of becoming the peculiar subject of calumny; no man, might he let the bitter cup pass from him without self-reproach would drain it to the bottom; but if he has no choice in the case, — if there...