
Preface
The Order of Things: An Archaeology of the Human Sciences (1970)
July 28, 1788, p. 150.
North Carolina's Debates, in Convention, on the adoption of the Federal Constitution (1787)
Preface
The Order of Things: An Archaeology of the Human Sciences (1970)
17 U.S. (4 Wheaton) 316, 405
McCulloch v. Maryland (1819)
Context: This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which it enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted. But the question respecting the extent of the powers actually granted, is perpetually arising, and will probably continue to arise, as long as our system shall exist.
§ 15. Often misquoted as “Religion is the basis and foundation of government.”
1780s, Memorial and Remonstrance Against Religious Assessments (1785)
Speech in the House of Commons (12 December 1792), quoted in The Parliamentary History of England, from the Earliest Period to the Year 1803. Vol. XXX (London: 1817), pp. 41-42.
1790s
1860s, First Inaugural Address (1861)
Context: If by the mere force of numbers a majority should deprive a minority of any clearly written constitutional right, it might, in a moral point of view, justify revolution — certainly would if such a right were a vital one. But such is not our case. All the vital rights of minorities and of individuals are so plainly assured to them by affirmations and negations, guarantees and prohibitions, in the Constitution, that controversies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate, nor any document of reasonable length contain, express provisions for all possible questions.
Source: Review of Communism and Man by F. J. Sheed in Peace News (27 January 1939)
Letter to http://rotunda.upress.virginia.edu/founders/default.xqy?keys=JSMN-print-01-14-02-0174&mode=deref w:Edmund Pendleton (21 January 1792)
1790s
Context: If Congress can do whatever in their discretion can be done by money, and will promote the general welfare, the Government is no longer a limited one possessing enumerated powers, but an indefinite one subject to particular exceptions. It is to be remarked that the phrase out of which this doctrine is elaborated, is copied from the old articles of Confederation, where it was always understood as nothing more than a general caption to the specified powers, and it is a fact that it was preferred in the new instrument for that very reason as less liable than any other to misconstruction.
Cohens v. Virginia, 19 U.S. (6 Wheaton) 264, 387 (1821); with this sentence Marshall hold that the United States Supreme Court has appellate jurisdiction to hear appeals from a state court in a case between a state and its own citizens, even if the case involved interpretation of a federal statute.