Constitution Quotes - Page 23

• [M]y wish is, that the Convention may adopt no temporizing expedient, but probe the defects of the Constitution [i.e., the Articles of Confederation] to the bottom, and provide radical cures.

  George Washington

  Wish, May, Cures

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• [T]he Constitution ought to be the standard of construction for the laws, and that wherever there is an evident opposition, the laws ought to give place to the Constitution. But this doctrine is not deducible from any circumstance peculiar to the plan of convention, but from the general theory of a limited Constitution.

  Alexander Hamilton

  Law, Giving, Doctrine

  Alexander Hamilton, James Madison, Quentin P. Taylor, John Jay (1998). “The essential Federalist: a new reading of the Federalist papers”, Madison House Pub

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• [T]he true key for the construction of everything doubtful in a law is the intention of the law-makers. This is most safely gathered from the words, but may be sought also in extraneous circumstances provided they do not contradict the express words of the law.

  Thomas Jefferson

  Keys, Law, May

  Thomas Jefferson (1853). “The writings of Thomas Jefferson: being his autobiography, correspondence, reports, messages, addresses, and other writings, official and private”, p.291

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• The constitution of the United States is to receive a reasonable interpretation of its language, and its powers, keeping in view the objects and purposes, for which those powers were conferred. By a reasonable interpretation, we mean, that in case the words are susceptible of two different senses, the one strict, the other more enlarged, that should be adopted, which is most consonant with the apparent objects and intent of the Constitution.

  Joseph Story

  Mean, Views, Two

  Joseph Story (1851). “Commentaries on the Constitution of the United States: With a Preliminary Review of the Constitutional History of the Colonies and States, Before the Adoption of the Constitution”, p.298

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• The Constitution on which our Union rests, shall be administered by me [as President] according to the safe and honest meaning contemplated by the plain understanding of the people of the United States at the time of its adoption - a meaning to be found in the explanations of those who advocated, not those who opposed it, and who opposed it merely lest the construction should be applied which they denounced as possible.

  Thomas Jefferson

  People, Adoption, Understanding

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• The best reason to be assigned, in this case, for not having made the Constitution more free from a charge of uncertainty in its meaning, is believed to be, that it was not suspected that any such charge would ever take place; and it appears that no such charge did take place, during the early period of the Constitution, when the meaning of its authors could be best ascertained, nor until many of the contemporary lights had in the lapse of time been extinguished. How often does it happen, that a notoriety of intention diminishes the caution against its being misunderstood or doubted!

  James Madison

  Light, Misunderstood, Doe

  James Madison (1884). “1816-1828”

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• THE Constitution proposed by the convention may be considered under two general points of view. The FIRST relates to the sum or quantity of power which it vests in the government, including the restraints imposed on the States. The SECOND, to the particular structure of the government, and the distribution of this power among its branches.

  James Madison

  Government, Views, Two

  Alexander Hamilton, James Madison, John Jay (1831). “The Federalist on the New Constitution”, p.200

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• The genius of the Constitution rests not in any static meaning it might have had in a world that is dead and gone, but in the adaptability of its great principles to cope with current problems and current needs.

  William J. Brennan

  Principles, Needs, Gone

  "The Constitution of the United States: Contemporary Ratification" (speech),Washington, D.C., 12 Oct. 1985

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• [T]here is not a syllable in the plan under consideration which directly empowers the national courts to construe the laws according to the spirit of the Constitution.

  Alexander Hamilton

  Law, Empowering, Spirit

  Alexander Hamilton, James Madison, John Jay (2004). “The Federalist Papers”, p.576, Simon and Schuster

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• The judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric. They are construing our constitution from a co-ordination of a general and special government to a general and supreme one alone.

  Thomas Jefferson

  Government, Special, Foundation

  Thomas Jefferson (1861). “Correspondence. Reports and opinions while secretarry of state”, p.192

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• If, then, the courts of justice are to be considered as the bulwarks of a limited Constitution against legislative encroachments, this consideration will afford a strong argument for the permanent tenure of judicial offices, since nothing will contribute so much as this to that independent spirit in the judges which must be essential to the faithful performance of so arduous a duty.

  Alexander Hamilton

  Strong, Independent, Justice

  Alexander Hamilton, James Madison, John Jay, Henry Barton Dawson (1864). “The Fœderalist: A Collection of Essays, Written in Favor of the New Constitution, as Agreed Upon by the Fœderal Convention, September 17, 1787. Reprinted from the Original Text. With an Historical Introduction and Notes”, p.544, New York : C. Scribner ; London : Sampson Low

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• The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body. If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.

  Alexander Hamilton

  Law, Two, People

  Alexander Hamilton, James Madison, Quentin P. Taylor, John Jay (1998). “The Essential Federalist: A New Reading of the Federalist Papers”, p.145, Rowman & Littlefield

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• Wise politicians will be cautious about fettering the government with restrictions that cannot be observed, because they know that every break of the fundamental laws, though dictated by necessity, impairs that sacred reverence which ought to be maintained in the breast of rulers towards the constitution of a country.

  Alexander Hamilton

  Wise, Country, Government

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• What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them . . . the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.

  James Madison

  Exercise, People, Giving

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• Nothing has yet been offered to invalidate the doctrine that the meaning of the Constitution may as well be ascertained by the Legislative as by the Judicial authority.

  James Madison

  Doctrine, May, Separation

  James Madison (1836). “The Debates in the Several State Conventions on the Adoption of the Federal Constitution: As Recommended by the General Convention at Philadelphia in 1787. Together with the Journal of the Federal Convention, Luther Martin's Letter, Yates's Minutes, Congressional Opinions, Virginia and Kentucky Resolutions of '98-'99, and Other Illustrations of the Constitution”, p.399

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• I acknowledge, in the ordinary course of government, that the exposition of the laws and Constitution devolves upon the judicial. But I beg to know upon what principle it can be contended that any one department draws from the Constitution greater powers than another in marking out the limits of the powers of the several departments.

  James Madison

  Government, Law, Principles

  James Madison, Ralph Ketcham “Selected Writings of James Madison”, Hackett Publishing

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• Good constitutions are formed upon a comparison of the liberty of the individual with the strength of government: If the tone of either be too high, the other will be weakened too much. It is the happiest possible mode of conciliating these objects, to institute one branch peculiarly endowed with sensibility, another with knowledge and firmness. Through the opposition and mutual control of these bodies, the government will reach, in its regular operations, the perfect balance between liberty and power.

  Alexander Hamilton

  Government, Perfect, Balance

  Alexander Hamilton (2017). “The Political Writings of Alexander Hamilton:”, p.659, Cambridge University Press

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• [T]o preserve the republican form and principles of our Constitution and cleave to the salutary distribution of powers which that [the Constitution] has established . . . are the two sheet anchors of our Union. If driven from either, we shall be in danger of foundering.

  Thomas Jefferson

  Distribution Of Power, Anchors, Two

  Thomas Jefferson (1829). “Memoir, correspondence, and miscellanies from the papers of T. Jefferson”

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• The principle of the Constitution is that of a separation of legislative, Executive and Judiciary functions, except in cases specified. If this principle be not expressed in direct terms, it is clearly the spirit of the Constitution, and it ought to be so commented and acted on by every friend of free government.

  Thomas Jefferson

  Government, Principles, Spirit

  Thomas Jefferson, Barbara B. Oberg (1950). “The Papers of Thomas Jefferson, Volume 29: 1 March 1796 to 31 December 1797”, p.271, Princeton University Press

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• My construction of the constitution is very different from that you quote. It is that each department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the constitution in the cases submitted to its action; and especially, where it is to act ultimately and without appeal.

  Thomas Jefferson

  Independent, Different, Action

  Thomas Jefferson (1829). “Memoirs, 4: Correspondence and Private Papers”, p.325

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• It is one thing to be subordinate to the laws, and another [for the Executive] to be dependent on the legislative body. The first comports with, the last violates, the fundamental principles of good government; and, whatever may be the forms of the Constitution, unites all power in the same hands.

  Alexander Hamilton

  Government, Hands, Law

  Alexander Hamilton, James Madison, John Jay (1831). “The Federalist on the New Constitution”, p.357

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• To what expedient then shall we finally resort, for maintaining in practice the necessary partition of power among the several departments, as laid down in the constitution? The only answer that can be given is, that as all these exterior provisions are found to be inadequate, the defect must be supplied, by so contriving the interior structure of the government, as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places.

  James Madison

  Mean, Government, Practice

  Alexander Hamilton, James Madison, John Jay (1842). “The Federalist, on the New Constitution, Written in the Year 1788”, p.238

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• Should the States reject this excellent Constitution, the probability is, an opportunity will never again offer to cancel another in peacethe next will be drawn in blood.

  George Washington

  Peace, Opportunity, Blood

  Attributed to George Washington in the Pennsylvania Journal and Weekly Advertiser (p. 3, column 1), November 14, 1787.

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• The President can exercise no power which cannot be fairly and reasonably traced to some specific grant of power in the Federal Constitution or in an act of Congress passed in pursuance thereof. There is no undefined residuum of power which he can exercise because it seems to him to be in the public interest.

  William Howard Taft

  Exercise, Power, President

  William Howard Taft, David Henry Burton (2009). “William Howard Taft: Essential Writings and Addresses”, p.200, Fairleigh Dickinson Univ Press

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• There are two life-forces in the world I know: Jewish and gentile, ours and yours...I do not believe that this primal difference between gentile and Jew is reconcilable. You and we may come to an understanding, never to a reconciliation. There will be irritation between us as long as we are in intimate contact. For nature and constitution and vision divide us from all of you forever.

  Maurice Samuel

  Believe, Irritation, Two

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