Share on Facebook Share on Twitter Comment on this quoteShare via Email Print this Page Daily Quotes Archives2018-05-13 May 11, 2018[I]f the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.~ Abraham LincolnCongress has doubled the IRS budget over the past 10 years -- making that agency one of the fastest growing non-entitlement programs. It has increased its employment by 20 percent. The IRS’s powers to investigate and examine taxpayers transcend those of any other law enforcement agency. Virtually all of the constitutional rights regarding search and seizure, due process, and jury trial simply do not apply to the IRS.~ Daniel PillaBut, sir, the people themselves have it in their power effectually to resist usurpation, without being driven to an appeal of arms. An act of usurpation is not obligatory; it is not law; and any man may be justified in his resistance. Let him be considered as a criminal by the general government, yet only his fellow-citizens can convict him; they are his jury, and if they pronounce him innocent, not all the powers of Congress can hurt him; and innocent they certainly will pronounce him, if the supposed law he resisted was an act of usurpation.~ Theophilus Parsons May 10, 2018It is very certain that [the commerce clause] grew out of the abuse of the power by the importing States in taxing the non-importing, and was intended as a negative and preventive provision against injustice among the States themselves, rather than as a power to be used for the positive purposes of the General Government.~ James MadisonState inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. ... Inspection laws, quarantine laws, health laws of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c., are component parts of this mass. No direct general power over these objects is granted to Congress, and, consequently, they remain subject to State legislation.~ Justice John MarshallTo the extent that these [New Deal policies] developed, they were tortured interpretations of a document [the Constitution] intended to prevent them.~ Rexford Tugwell May 9, 2018Daniel Webster, James Otis, and Sir Edward Coke all pointed out that the mere fact of enactment does not and cannot raise mere statutes to the standing of law. Not everything can be considered the Law of the Land.~ American Jurisprudence (Second)Under our form of government, the legislature is not supreme ... like other departments of government, it can only exercise such powers as have been delegated to it, and when it steps beyond that boundary, its acts, like those of the most humble magistrate in the state who transcends his jurisdiction, are utterly void.~ Billings v. HallWhen courts fail to engage in oversight or even distort the Constitution to rationalize the ultra vires actions of government, and when academics and political activists aid and abet them in this activity by devising ingenious rationalizations for ignoring the Constitution’s words, they are playing a most dangerous game. For they are putting at risk the legitimacy of the lawmaking process and risking the permanent disaffection of significant segments of the people.~ Brannon P. Denning May 8, 2018The only idea they have ever manifested as to what is a government of consent, is this -- that it is one to which everybody must consent, or be shot.~ Lysander SpoonerOur legislators are not sufficiently apprized of the rightful limits of their power; that their true office is to declare and enforce only our natural rights and duties, and to take none of them from us. No man has a natural right to commit aggression on the equal rights of another; and this is all from which the laws ought to restrain him; every man is under the natural duty of contributing to the necessities of the society; and this is all the laws should enforce on him; and, no man having a natural right to be the judge between himself and another, it is his natural duty to submit to the umpirage of an impartial third. When the laws have declared and enforced all this, they have fulfilled their functions, and the idea is quite unfounded, that on entering into society we give up any natural right.~ Thomas JeffersonI know, may it please your honour, the jury may do so; but I do likewise know they may do otherwise. I know they have the right, beyond all dispute, to determine both the law and the fact; and where they do not doubt the law, they ought to do so. This of leaving it to the judgment of the Court whether the words are libelous or not in effect renders juries useless (to say no worse) in many cases.~ Andrew Hamilton May 7, 2018When governments use the judiciary to recover “damage,” the courts intrude on the regulatory and revenue responsibilities of legislatures. And when lawsuits based on tenuous legal theories impose high costs on defendants, due process gives way to a form of extortion, with public officials serving as bagmen for private contingency fee lawyers.~ Michael I. Kraus[A] limited Constitution ... can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing ... To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.~ Alexander HamiltonEvery prudent and cautious judge ... will remember, that his duty and his business is, not to make the law, but to interpret and apply it.~ James Wilson Previous week's quotes Next week's quotes Share on Facebook Tweet Email Print