“Attempts to enforce by legal sanctions, acts obnoxious to so great a proportion of Citizens, tend to enervate the laws in general, and to slacken the bands of Society. If it be difficult to execute any law which is not generally deemed necessary or salutary, what must be the case, where it is deemed invalid and dangerous?”

— James Madison

§ 13
1780s, Memorial and Remonstrance Against Religious Assessments (1785)
Context: Attempts to enforce by legal sanctions, acts obnoxious to so great a proportion of Citizens, tend to enervate the laws in general, and to slacken the bands of Society. If it be difficult to execute any law which is not generally deemed necessary or salutary, what must be the case, where it is deemed invalid and dangerous? And what may be the effect of so striking an example of impotency in the Government, on its general authority?

Adopted from Wikiquote. Last update June 3, 2021. History

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James Madison 145

4th president of the United States (1809 to 1817) 1751–1836

Sir John Bayley, 1st Baronet (1763–1841) British judge

1 St. Tr. (N. S.) 484.
Trial of Hunt and others (King v. Hunt) (1820)

“The laws the Irish use are detestable to God, and so contrary to all law that they ought not to be deemed law.”

Edward I of England (1239–1307) King of England

Speech (1277), quoted in Marc Morris, A Great and Terrible King: Edward I and the Forging of Britain (2009), p. 220

“Defending the Constitution is always important. That duty is even more vital today, when the president and top administration officials argue that the executive branch may break the law whenever the president deems it to be necessary in a time which he declares to be wartime.”

Bob Barr (1948) Republican and Libertarian politician

Press release, (8 July 2008) Barack Obama Should Defend Constitution, Lead Fight Against FISA, Says Bob Barr http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/07-08-2008/0004845380&EDATE=, PR Newswire (press release), 8 July 2008.
2000s, 2008

“If a President can enforce a part of a law and delay a part of a law, then does he have a power to not enforce any law he so chooses? If he can allow illegal aliens to freely run across our border, can he force legal citizens out of the country? Where would be the end of his power? We are a nation of laws with respect and recognition of the rule of law. We are not an imperialist government with a monarch abiding by the rule of one man.”

Marsha Blackburn (1952) American politician

What I Saw During Our Vote To Secure The Border https://www.redstate.com/diary/marshablackburn/2014/08/06/saw-vote-secure-border/ (August 6, 2014)

“This could never be a crime in any society which deems itself enlightened.”

Jack Kevorkian (1928–2011) American pathologist, euthanasia activist

Quoted in "Between the dying and the dead: Dr. Jack Kevorkian's life and the battle to Legalize Euthanasia"‎ - Page 16 - by Neal Nicol, Harry Wylie - 2006
2000s, 2006

“I know no method to secure the repeal of bad or obnoxious laws so effective as their stringent execution.”

Ulysses S. Grant (1822–1885) 18th President of the United States

1860s, First Inaugural Address (1869)
Context: Laws are to govern all alike — those opposed as well as those who favor them. I know no method to secure the repeal of bad or obnoxious laws so effective as their stringent execution.

“England was, until we copied her, the only country on earth which ever, by a general law, gave a legal right to the exclusive use of an idea. In some other countries it is sometimes done, in a great case, and by a special and personal act, but, generally speaking, other nations have thought that these monopolies produce more embarrassment than advantage to society; and it may be observed that the nations which refuse monopolies of invention, are as fruitful as England in new and useful devices.”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

Letter to Isaac McPherson (13 August 1813)
1810s

“While acknowledging our mutual affection by publicly assuming the relationship of husband and wife, yet in justice to ourselves and a great principle, we deem it a duty to declare that this act on our part implies no sanction of, nor promise of voluntary obedience to such of the present laws of marriage, as refuse to recognize the wife as an independent, rational being, while they confer upon the husband an injurious and unnatural superiority, investing him with legal powers which no honorable man would exercise, and which no man should possess.”

Lucy Stone (1818–1893) American abolitionist and suffragist

Marriage protest (1855)

“Personally, I detest any attempt to bring the law into maxims. Maxims are invariably wrong, that is, they are so general and large that they always include something which is not intended to be included.”

William Brett, 1st Viscount Esher (1815–1899) British lawyer, judge and politician

Yarmouth v. France (1887), L. J. 57 Q. B. 9.

“The law is good, it is necessary, its execution is poor, and the manners judge the laws based on the manner in which they are executed.”

Honoré de Balzac (1799–1850) French writer

Part III. Où mènent les mauvais Chemins (The Ends of Evil Ways), "Ce qu'est un Juge d'instruction pour ceux qui n'en ont pas" ("What a Judge Is for Those Who Do Not Have One") (chapter title).
Splendours and Miseries of Courtesans (1838-1847)
Original: (fr) La loi est bonne, elle est nécessaire, l'exécution en est mauvaise, et les mœurs jugent les lois d'après la manière dont elles s'exécutent.

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James Madison 145

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