John Marshall Quotes
A legislative act contrary to the Constitution is not law.
Marshall, John. Marbury v. Madison. 5 U.S. (1 Cranch) 137. Supreme Court of the United States. 1803.
See John Marshall's later (1803) use of the concept and term "repugnant." {606483}
Marshall is famous for, as Chief Justice, establishing the principle that the Judiciary can override Congress and the Executive in determining Constitutionality. However, as this quotation illustrates this principle had been discussed in open debate on the ratification of the Constitution. It was not simply a grab for power by a Chief justice; he uttered this quotation long before he ever suspected he would be a judge but actually spent much of his career in the executive and legislative branch of government.
Marshall did not crate this concept or some its phraseology out of whole cloth. See Rufus King {610245} for a Constitutional Convention basis for the statement.
Federal officials and commissioners issued laws, directives and orders that were very unpopular with the Mormons who were in the overwhelming majority of the Utah territory. The Mormon “government” was a type of theocracy but a very popular one. The Mormons tried to test the constitutionality and legality of the Federal laws and orders before they would obey. The government position was that they should obey and then could test the laws in the courts. The Mormons eventually lost in the courts anyway, but the principle of obedience to law until it can be tested and reversed has generally been the rule of U. S. Law. However, civil disobedience in which many religions have engaged in our history argues the obverse. Eventually Taylor had to go “underground” and rule the church from exile in which state he died.
In the English system there is no “separation of powers”. Parliament makes the laws and its ministers execute them. The highest judges are members of Parliament (the House of Lords) as well. So Lord Bereford was in the legislature when the statute was debated and passed.
Despite Ziglar’s and other officials pointing out the illegality, illegal sweeps and arrests were made without warrants or constitutional requirements.
See {632309} for an similar French Political expression made at approximately the same time over an important principle. However, commerce in its many forms such as business and job creation has been the major reason for compromising important moral and political principles during much of recorded history.
The Czar, a total autocrat, was out of touch with most of the civilized world. Under much pressure from his advisors who realized that there was much unhappiness with an autocracy, the Czar made this reform which seemed a major concession and was very much welcomed by the people. However, it had relatively little practical effect. The Duma could not make laws, they could only ratify those made by the Czar and his ministers. However, few members of the Duma were willing to vote against a measure that the Czar wanted. It had no practical effect on improving the standard of living and the economic development of a backward empire.
John Marshall was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 to 1835. Marshall remains the longest-serving chief justice and fourth-longest serving justice in Supreme Court history, and he is widely regarded as one of the most influential justices to ever sit on the Supreme Court. Prior to joining the Supreme Court (and for one month simultaneous to his tenure as Chief Justice), Marshall served as the United States Secretary of State under President John Adams.
