James Madison Quotes
It would be a novel and dangerous doctrine that a legislature could change the constitution under which it held its existence.
James Madison, 1751-1836, 4th President of the United States (Democratic Republican, VA), Federal Constitutional Convention, June 1787
Sourced by: Eigen's Political and Historical Quotations
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.
This concept of balance of power and the equal role of the judiciary is actually quite rare. Even in Parliamentary democracies the parliament can override any court interpretation. In England, the upper legislative house, the House of Lords, actually serves as the nation’s highest or supreme court. And these “Law Lords” can override all regular judicial bodies.
One of the conundrums of our constitutional system is who has the last word as to what the Constitution means. Essentially it is the judicial branch headed by the Supreme Court. But there are those who believe that the current popular majority should have a say in what is or is not constitutional. If so the legislative branch should have the last word. Still others say that the President is the only person elected by ALL the people, so his opinion most reflects the will of the public. And then there are most who argue that the Constitutional system was created just to avoid the power of currently popular majorities, and the courts should decide based on the Constitution itself. So the statement has very little meaning except that Phillips thinks that the courts have too much power. Whoever gets to decide what is or is not Constitutional will be accused of being “over” the Constitution by those who don’t like the decisions. In our system, that is the courts.
In 1953 the Senator had proposed a Constitutional amendment that would severely curtail the treaty making powers of the President. President Eisenhower actively opposed Bricker and the right wing of his own party. The Senator was outraged. Despite Bricker’s complaining, the public and the Congress sided with the President.
When asked for his position on abortion, candidate Bush answered:. Nine years later, President Bush proposed a constitutional amendment to overturn the Supreme Court's ruling on flag desecration.
Referring to the Brown v. Board of Education, the Topeka, KS, Supreme Court school desegregation decision:
The view that the Supreme Court was the final arbiter of constitutional controversies was not held in early America.
The argument was Prohibition, the 18th Amendment.
See John Marshall's later (1803) use of the concept and term "repugnant." {606483}
The conservative Senator was very distrustful of the constitutional amendment process itself after a both prohibition and women's suffrage amendments had passed. Wadsworth and his supporters feared Constitutional amendments passed by Congress and the State legislatures without any direct approval of the people.
Powell was the Secretary of State and Addington kept advising the administration that as long as the President was acting in defense of the country in his capacity as Commander in Chief, he did not have to obey any existing laws that had been Constitutionally passed which in the opinion of the President restricted or limited the President or the executive branch. Addington was an attorney and Assistant to the Vice President, but he was given much responsibility for administration policy. Powell the Secretary of State of the Administration could not have disagreed more and although most politicians including Republicans disagreed with the Addington thesis, Powell was one of the few Republicans to criticize the Addington position.
James Madison Jr. was an American statesman, diplomat, expansionist, philosopher, and Founding Father who served as the fourth president of the United States from 1809 to 1817. He is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the United States Bill of Rights. He co-wrote The Federalist Papers, co-founded the Democratic-Republican Party, and served as the fifth United States Secretary of State from 1801 to 1809.
